Common use of Lender’s Remedies Clause in Contracts

Lender’s Remedies. Upon the occurrence of an Event of Default or at any time thereafter, and in each and every case, unless such Event of Default shall have been remedied or waived in writing by Requisite Lenders, any one or all of the following actions may be taken: (a) upon the request of Requisite Lenders, the Administrative Agent shall, by notice to the Borrower terminate any or all of the Commitments, whereupon such Commitments of the Lenders thereunder immediately shall terminate; provided, however, that upon the occurrence of any event specified in either Section 11.1.6 or Section 11.1.7 the Commitments shall terminate automatically without further action by the Administrative Agent, the Lenders or the Issuing Bank; (b) upon request of Requisite Lenders, the Administrative Agent shall declare all outstanding Obligations and other amounts owing under this Agreement, the Notes and the other Loan Documents to be due and payable immediately, and all such Obligations and other amounts immediately shall be due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived to the extent permitted by ap plicable law; provided, however, that upon the occurrence of any event specified in either Section 11.1.6 or Section 11.1.7 all such Obligations and other amounts immediately shall be due and payable in full without declaration or other notice; (c) the Administrative Agent immediately, and without expiration of any period of grace, may enforce payment of all Obligations of the Borrower and the Guarantors to the Administrative Agent and the Lenders under this Agreement, the Notes and the other Loan Documents, and the Administrative Agent shall be entitled to all remedies available hereunder or thereunder; and (d) the Administrative Agent shall be entitled to exercise, for the ratable benefit of the Lenders, all other rights, powers, privileges, options and remedies available under or by virtue of the Loan Documents or otherwise available at law or in equity.

Lender’s Remedies. (i) Upon the occurrence of an Event of Default or at under any time thereafter, and event described in each and every case, unless such Section 501(a) (other than an Event of Default shall have been remedied or waived described in writing by Requisite LendersSections 501(a)(4) and 501(a)(5) hereof), any one or all then in every such case Lender may declare the principal amounts of the following actions may be taken: (a) upon the request of Requisite Lenders, the Administrative Agent shall, by notice to the Borrower terminate any or all of the Commitments, whereupon such Commitments of the Lenders thereunder immediately shall terminate; provided, however, that upon the occurrence of any event specified in either Section 11.1.6 or Section 11.1.7 the Commitments shall terminate automatically without further action by the Administrative Agent, the Lenders or the Issuing Bank; (b) upon request of Requisite Lenders, the Administrative Agent shall declare all outstanding Obligations and other amounts owing under this Agreement, the Notes and the other Loan Documents Note to be due and payable immediately, by a notice in writing to the Company and all upon any such Obligations and other amounts declaration such principal amount shall become immediately shall be due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived to the extent permitted by ap plicable law; provided, however, . The Company specifically acknowledges and agrees that upon the occurrence of any Event of Default under any event specified described in either Section 11.1.6 501(a) hereof will automatically cause the Note to be in default, and all Events of Default under the Note must be cured before any one Event of Default shall be deemed cured. (ii) At any time after such a declaration of acceleration with respect to the Note has been made and before a judgment or decree for payment of the money due has been obtained by Lender as hereinafter in this Article provided, Lender may, by written notice to the Company, rescind and annul such declaration and its consequences if, (1) the Company has paid to Lender a sum sufficient to pay (A) all overdue interest on the Note, (B) the principal on the Note which has become due otherwise than by such declaration of acceleration and interest thereon at the Note Rate, (C) to the extent that payment of such interest is lawful, interest upon overdue interest at the Note Rate, and (D) all sums paid or advanced by Lender hereunder and the actual compensation, expenses, disbursements and advances of Lender, its agents and counsel; and (2) all Events of Default with respect to the Note, other than the nonpayment of the principal of the Note which has become due solely by such declaration of acceleration, have been cured or waived by Lender. No such rescission shall affect any subsequent default or impair any right consequent thereon. In the case of any Event of Default described in Section 11.1.7 501(a)(4) or 501(a)(5), all such Obligations unpaid principal of and other amounts immediately accrued interest on the Note shall be due and payable in full immediately without any declaration or other notice;act on the part of Lender. (ciii) the Administrative Agent immediately, and without expiration of any period of grace, may enforce payment of all Obligations of this Note are secured by the Borrower and the Guarantors to the Administrative Agent and the Lenders under this AgreementSecurity Agreement dated August 1, the Notes and the other Loan Documents, and the Administrative Agent shall be entitled to all remedies available hereunder or thereunder; and (d) the Administrative Agent shall be entitled to exercise, for the ratable benefit of the Lenders, all other rights, powers, privileges, options and remedies available under or by virtue of the Loan Documents or otherwise available at law or in equity1996.

Lender’s Remedies. (a) Upon the occurrence of an Event of Default or at any time thereafter, and in each and every case, unless such Event of Default shall have been remedied or waived in writing by Requisite LendersDefault, any Lender may, at Lender's option, immediately exercise one or all more of the following actions may be taken: rights: (ai) upon the request declare all Obligations of Requisite LendersBorrower to Lender including, without limitation, the Administrative Agent shallRevolving Loans, by notice to the Borrower terminate any or and all of the Commitments, whereupon such Commitments of the Lenders thereunder immediately shall terminate; provided, however, that upon the occurrence of any event specified in either Section 11.1.6 or Section 11.1.7 the Commitments shall terminate automatically without further action by the Administrative Agent, the Lenders or the Issuing Bank; (b) upon request of Requisite Lenders, the Administrative Agent shall declare all outstanding Obligations and other amounts owing under this Agreement, the Notes Agreement and the other Loan Documents Note to be due and payable immediately, and all such Obligations and other amounts immediately shall be due and payable, whereupon they shall immediately become due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived to waived; and (ii) exercise the extent permitted by ap plicable lawrights and remedies provided herein and under any other Loan Document; provided, however, that upon the occurrence of any event such Event of Default specified in either Section 11.1.6 Sections 7.1(d) or Section 11.1.7 (e), (x) all such Obligations and other amounts immediately shall be due and payable in full without declaration or other notice; (c) the Administrative Agent immediately, and without expiration of any period of grace, may enforce payment of all Obligations obligations of the Borrower to Lender, including, without limitation, the Revolving Loans and the Guarantors to the Administrative Agent and the Lenders all other amounts owing under this Agreement, the Notes and the Note shall immediately become due and payable without presentment, further demand, protest or notice of any kind, all of which are hereby expressly waived, and (y) Lender may immediately exercise the rights and remedies provided herein and under any other Loan DocumentsDocument. (b) If a default or an Event of Default has occurred and is continuing, then, and in any such event, the Administrative Agent Lender may exercise, all other rights and remedies granted to it in this Agreement and in any other instrument or agreement securing, evidencing or relating to the Obligations, all rights and remedies of a secured party under the UCC or under any other applicable law. Without limiting the generality of the foregoing, the Borrower expressly agrees that upon any Event of Default, the Lender, without demand of performance or other demand, advertisement or notice of any kind (except any notice specified below of time and place of public or private sale) to or on the Borrower or any other Person (all and each of which demands, advertisements and/or notices are hereby expressly waived), shall be entitled forthwith to collect, receive, appropriate and realize on the Collateral, or any part thereof, and forthwith to sell, assign, give option or options to purchase, contract to sell or otherwise dispose of and deliver the Collateral, or any part thereof, in one or more units, parcels, or lots at one or more public or private sales, at any exchange or broker's board or at any of the Lender's offices or elsewhere, on such terms and conditions and at such prices as may be commercially reasonable under then existing circumstances, for cash or on credit or for future delivery without assumption of any credit risk, with the right to the Lender upon any such sale or sales, public or private, to purchase the whole or any part of said Collateral so sold. Any purchaser at any such sale or sales shall acquire the property sold absolutely free from any claim or right on the part of Borrower, and Borrower hereby waives (to the extent permitted by applicable law) all remedies available hereunder rights, redemptions, stays and appraisal rights which Borrower now has, or thereunder; and (d) may at any time in the Administrative Agent future have, under any rule of law or statute now existing or hereafter enacted. The net proceeds of any such collection, recovery, receipt, appropriation, realization or sale, after deducting all reasonable costs and expenses of every kind incurred therein or incidental to the care, safekeeping or otherwise of any and all of the Collateral or in any way relating to the rights of the Lender hereunder, including reasonable attorneys' fees and legal expenses, shall be entitled applied to exercise, for the ratable benefit payment of the LendersObligations in such order as the Lender may determine, and, after all other rights, powers, privileges, options and remedies available under or by virtue of the Loan Documents Obligations have been paid in full and after payment of any other amount required by any provision of law, including (without limitation) Section 9-504(1)(c) of the Uniform Commercial Code, the balance (if any) of such proceeds shall be remitted to the Borrower or as otherwise available required by a court of competent jurisdiction. To the extent permitted by applicable law, the Borrower each waive all claims, damages and demands against the Lender arising out of the retention or sale of the Collateral unless resulting from such Lender's willful misconduct. The Borrower agrees that the Lender need not give more than ten (10) days' notice (which notice shall be deemed given on the earlier of mailing or receipt) of the time and place of any public sale or of the time after which a private sale or other intended disposition is to take place and that such notice is reasonable notification of such matters (unless the Collateral is of type customarily sold on a recognized market, in which case no such notice shall be required). In addition, no notification need be given to the Borrower, if Borrower has signed after an Event of Default has occurred and is continuing a statement renouncing or modifying any right to notification of sale or other intended disposition. The Lender may, without notice or publication, adjourn any public or private sale, or cause such sale to be adjourned from time to time by announcement at law or in equitythe time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which such sale is so adjourned.

Lender’s Remedies. Upon Without in any way impairing the occurrence of an Event of Default or at any time thereafter, and in each and every case, unless such Event of Default shall have been remedied or waived in writing by Requisite Lenders, any one or all demand nature of the following actions may be taken: (a) upon the request of Requisite LendersNote, the Administrative Agent shall, by notice to the Borrower terminate any or all of the Commitments, whereupon such Commitments of the Lenders thereunder immediately shall terminate; provided, however, that upon the occurrence of any event Default or an Event of Default specified in either Section 11.1.6 or Section 11.1.7 herein, the Commitments obligation of Lender to make Loans hereunder shall terminate automatically without further action by the Administrative Agent, the Lenders or the Issuing Bank; (b) upon request of Requisite Lenders, the Administrative Agent shall and Lender may declare all outstanding Obligations and other amounts owing under Loans made pursuant to this AgreementAgreement together with all accrued interest, the Notes and the other Loan Documents to be due and payable immediately, and all such Obligations and other amounts immediately shall be due and payable. Upon such occurrence and/or declaration, Lender shall have, in addition to the rights and remedies given to it by the Note and this Agreement and the documents related hereto, all the rights and remedies of a secured party as provided in the UCC (regardless of whether such Uniform Commercial Code has been adopted in the jurisdiction where such rights and remedies are asserted) and without presentmentlimiting the generality of the foregoing, demand, protest and without demand of performance and without other notice (except as specifically required by the Note or notice of any kindthis Agreement or the documents executed in connection herewith) or demand whatever to Borrower, all of which are hereby expressly waived waived, Lender may, in addition to all the rights conferred upon it by law, exercise one or more of the following rights successively or concurrently: set off the balances in all deposit and agency accounts of Borrower with Lender (and Borrower hereby grants Lender a lien and security interest in all such accounts and the proceeds thereof); lawfully dispose of the whole or any part of Receivables or any Collateral, or any other real or personal property, instrument or document pledged as security for Borrower's indebtedness hereunder to Lender at public or private sale or otherwise realize upon, without advertisement or demand upon Borrower or upon any obligor of Receivables, the Collateral, or any other security, the same being hereby waived, except to the extent otherwise required by law, with the right on the part of Lender or its nominee to become the purchaser thereof as provided by law absolutely freed and discharged from any equity of redemption, and all trusts and other claims whatsoever, and, after deduction of all reasonable legal and other costs and expenses permitted by ap plicable law; provided, howeverincluding attorney's fees, that upon to apply the occurrence residue of the proceeds to pay, or to hold as a reserve against, all Borrower's indebtedness hereunder to Lender. Any remainder of the proceeds after satisfaction in full of Borrower's indebtedness hereunder to Lender shall be distributed as required by applicable law. Notice of any event specified in either Section 11.1.6 sale or Section 11.1.7 all such Obligations and other amounts immediately disposition of Collateral shall be due and payable in full without declaration given to Borrower at least five (5) Business Days before any intended public sale or the time after which any intended private sale or other notice; (c) the Administrative Agent immediately, and without expiration of any period of grace, may enforce payment of all Obligations disposition of the Collateral is to be made, which Borrower and the Guarantors to the Administrative Agent and the Lenders under this Agreement, the Notes and the other Loan Documents, and the Administrative Agent agrees shall be entitled to all remedies available hereunder reasonable notice of such sale or thereunder; and (d) the Administrative Agent shall be entitled to exercise, for the ratable benefit of the Lenders, all other rights, powers, privileges, options and remedies available under or by virtue of the Loan Documents or otherwise available at law or in equitydisposition.

Lender’s Remedies. (i) Upon the occurrence of an Event of Default or at under any time thereafter, and event described in each and every case, unless such Section 501(a) (other than an Event of Default shall have been remedied or waived described in writing by Requisite LendersSections 501(a)(4) and 501(a)(5) hereof), any one or all then in every such case Lenders may declare the principal amounts of the following actions may be taken: (a) upon the request of Requisite Lenders, the Administrative Agent shall, by notice to the Borrower terminate any or all of the Commitments, whereupon such Commitments of the Lenders thereunder immediately shall terminate; provided, however, that upon the occurrence of any event specified in either Section 11.1.6 or Section 11.1.7 the Commitments shall terminate automatically without further action by the Administrative Agent, the Lenders or the Issuing Bank; (b) upon request of Requisite Lenders, the Administrative Agent shall declare all outstanding Obligations and other amounts owing under this Agreement, the Notes and the other Loan Documents to be due and payable immediately, by a notice in writing to the Company and all upon any such Obligations and other declaration such principal amounts shall become immediately shall be due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived to the extent permitted by ap plicable law; provided, however, . The Company specifically acknowledges and agrees that upon the occurrence of any Event of Default under any event specified described in either Section 11.1.6 501(a) hereof will automatically cause all existing Notes to be in default, and all Events of Default under all Notes must be cured before any one Event of Default shall be deemed cured. (ii) At any time after such a declaration of acceleration with respect to the Note has been made and before a judgment or decree for payment of the money due has been obtained by Lender as hereinafter in this Article provided, Lender may, by written notice to the Company, rescind and annul such declaration and its consequences if, (1) the Company has paid to Lender a sum sufficient to pay (A) all overdue interest on the Note, (B) the principal on the Note which has become due otherwise than by such declaration of acceleration and interest thereon at the Note Rate, (C) to the extent that payment of such interest is lawful, interest upon overdue interest at the Note Rate, and (D) all sums paid or advanced by Lender hereunder and the actual compensation, expenses, disbursements and advances of Lender, its agents and counsel; and (2) all Events of Default with respect to the Note, other than the nonpayment of the principal of the Note which has become due solely by such declaration of acceleration, have been cured or waived by Lender. No such rescission shall affect any subsequent default or impair any right consequent thereon. In the case of any Event of Default described in Section 11.1.7 501(a)(4) or 501(a)(5), all such Obligations unpaid principal of and other amounts immediately accrued interest on the Note shall be due and payable in full immediately without any declaration or other notice;act on the part of Lender. (ciii) the Administrative Agent immediately, and without expiration of any period of grace, may enforce payment of all Obligations of this Note are secured by the Borrower and the Guarantors to the Administrative Agent and the Lenders under this AgreementSecurity Agreement dated August 1, the Notes and the other Loan Documents, and the Administrative Agent shall be entitled to all remedies available hereunder or thereunder; and (d) the Administrative Agent shall be entitled to exercise, for the ratable benefit of the Lenders, all other rights, powers, privileges, options and remedies available under or by virtue of the Loan Documents or otherwise available at law or in equity1996.

Lender’s Remedies. Upon the occurrence of an Event of Default or at any time thereafter, and in each and every case, unless such Event of Default shall have been remedied or waived in writing by Requisite Lenders, any one or all of the following actions may be taken: (a) upon the request of Requisite Lenders, the Administrative Agent shall, by notice to the Borrower terminate any or all of the Commitments, whereupon such Commitments of the Lenders thereunder immediately shall terminate; provided, however, that upon the occurrence of any event specified in either Section 11.1.6 11.1.5 or Section 11.1.7 11.1.13 the Commitments shall terminate automatically without further action by the Administrative Agent, the Lenders or the Issuing Bank; (b) upon request of Requisite Lenders, the Administrative Agent shall declare all outstanding Obligations and other amounts owing under this Agreement, the Notes and the other Loan Documents to be due and payable immediately, and all such Obligations and other amounts immediately shall be due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived to the extent permitted by ap plicable applicable law; provided, however, that upon the occurrence of any event specified in either Section 11.1.6 11.1.5 or Section 11.1.7 11.1.6 all such Obligations and other amounts immediately shall be due and payable in full without declaration or other notice; (c) the Administrative Agent immediately, and without expiration of any period of grace, immediately may enforce payment of all Obligations of the Borrower and the Guarantors to the Administrative Agent and the Lenders under this Agreement, the Notes and the other Loan Documents, and the Administrative Agent shall be entitled to all remedies available hereunder or thereunder; and (d) the Administrative Agent shall be entitled to exercise, for the ratable benefit of the Lenders, all other rights, powers, privileges, options and remedies available under or by virtue of the Loan Documents or otherwise available at law or in equity.

Lender’s Remedies. (x) Upon the occurrence of an any Event of Default Default, Lender may take such action, without notice or at demand, as it deems advisable to protect and enforce its rights against Borrower and in and to the Mortgaged Property, including, without limitation, the following actions: (i) declare the entire Debt to be immediately due and payable; (ii) institute proceedings to foreclose this Security Instrument, in which case the Mortgaged Property or any time thereafterinterest therein may be sold for cash or upon credit in one or more parcels or in several interests or portions and in any order or manner; (iii) with or without entry, to the extent permitted and pursuant to the procedures provided by applicable law, institute proceedings for the partial foreclosure of this Security Instrument for the portion of the Debt then due and payable, subject to the continuing lien of this Security Instrument for the balance of the Debt not then due; (iv) enforce the power of sale herein granted; (v) institute an action, suit or proceeding in equity for the specific performance of any covenant, condition or agreement contained herein, in the Note or the Other Security Documents; (vi) recover judgment on the Note either before, during or after any proceedings for the enforcement of this Security Instrument; (vii) apply for the appointment of a trustee, receiver, liquidator or conservator of the Mortgaged Property, without notice and without regard for the adequacy of the security for the Debt or the solvency of Borrower, any Guarantor or of any person, firm or other entity liable for the payment of the Debt; (viii) enforce Lender's interest in the Leases and Rents and enter xxxx xr upon the Mortgaged Property, either personally or by its agents, nominees or attorneys and dispossess Borrower and its agents and servants therefrom, and in each thereupon Lender may: (A) use, operate, manage, control, insure, maintain, repair, restore and otherwise deal with all and every casepart of the Mortgaged Property and conduct the business thereat; (B) complete any construction on the Mortgaged Property in such manner and form as Lender deems advisable; (C) make alterations, unless additions, renewals, replacements and improvements to or on the Mortgaged Property; (D) exercise all rights and powers of Borrower with respect to the Mortgaged Property, whether in the name of Borrower or otherwise, including, without limitation, the right to make, cancel, enforce or modify Leases, obtain and evict tenants, and demand, sue for, collect and receive all earnings, revenues, rents, issues, profits and other income of the Mortgaged Property and every part thereof; and (E) apply the receipts from the Mortgaged Property to the payment of the Debt, after deducting therefrom all expenses (including reasonable attorney fees) incurred in connection with the aforesaid operations and all amounts necessary to pay the Taxes, assessments, Insurance Premiums and Other Charges in connection with the Mortgaged Property, as well as just and reasonable compensation for the services of Lender, its counsel, agents and employees; or (ix) pursue such Event other rights and remedies as may then be available at law and in equity. To the extent permitted presently or in the future by laws of Default shall have been remedied the state in which the Premises and Improvements are located, Lender may institute a proceeding or waived in writing proceedings, judicial, or nonjudicial, by Requisite Lendersadvertisement or otherwise, any one for the complete or partial foreclosure of this Security Instrument or the complete or partial sale of the Mortgaged Property under a power of sale which power is hereby granted to Trustee. In the event of a sale, by foreclosure or otherwise, of less than all of the following actions may be taken: (a) upon Mortgaged Property, this Security Instrument shall continue as a lien on the request of Requisite Lenders, the Administrative Agent shall, by notice to the Borrower terminate any or all remaining portion of the Commitments, whereupon such Commitments of the Lenders thereunder immediately shall terminate; provided, however, that upon the occurrence of any event specified in either Section 11.1.6 or Section 11.1.7 the Commitments shall terminate automatically without further action by the Administrative Agent, the Lenders or the Issuing Bank;Mortgaged Property. (b) upon request of Requisite Lenders, the Administrative Agent shall declare all outstanding Obligations and other amounts owing under this Agreement, the Notes and the other Loan Documents to be due and payable immediately, and all such Obligations and other amounts immediately shall be due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived to To the extent permitted by ap plicable applicable law; provided, however, that upon the occurrence of Trustee may adjourn from time to time any event specified in either Section 11.1.6 or Section 11.1.7 all such Obligations and other amounts immediately shall sale by it to be due and payable in full without declaration or other notice; (c) the Administrative Agent immediately, and without expiration of any period of grace, may enforce payment of all Obligations of the Borrower and the Guarantors to the Administrative Agent and the Lenders under this Agreement, the Notes and the other Loan Documents, and the Administrative Agent shall be entitled to all remedies available hereunder or thereunder; and (d) the Administrative Agent shall be entitled to exercise, for the ratable benefit of the Lenders, all other rights, powers, privileges, options and remedies available made under or by virtue of this Security Instrument by announcement at the Loan Documents time and place appointed for such sale or for such adjourned sale or sales; and , except as otherwise available provided by law, Trustee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (c) Upon the completion of any sale or sales made by Trustee under or by virtue of this Security Instrument, Trustee, or an officer of any court empowered to do so shall execute and deliver to the purchaser or purchasers a good and sufficient instrument, or good and sufficient instruments, conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee is hereby irrevocably appointed the true and lawful attorney of Borrower, in its name and stead, to make all necessary conveyxxxxx, xssignments, transfers and deliveries of the Mortgaged Property and rights so sold, and for that purpose Trustee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Borrower hereby ratifying and confirming all that Trustee or such substitute or substitutes shall lawfully do by virtue hereof. Any such sale or sales made under or by virtue of this Security Instrument, whether made under the power of sale herein or granted or under or by virtue of judicial proceedings or any judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Borrower in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Borrower and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Borrower. (d) Upon any sale made under or by virtue of this Security Instrument, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or any judgment or decree of foreclosure and sale, Lender may bid for and acquire the Mortgaged Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Debt the net sales price after deducting therefrom, to the extent allowed by applicable law, the expenses of the sale and costs of the action and any other sums which Lender is authorized to deduct under this Security Instrument. (e) No recovery of any judgment by Lender and no levy of an execution under any judgment upon thx Xxxxgaged Property or upon any other property of Borrower shall affect in any manner or to any extent the lien of this Security Instrument upon the Mortgaged Property or any part thereof, or any liens, rights, powers or remedies of Lender hereunder, but such liens, rights, powers and remedies xx Xxxxxx xxxxx continue unimpaired as before. (f) In any action by Lender to recover a deficiency judgment following a foreclosure or trustee's sale, the successful bid amount at that sale shall be deemed conclusively to be the fair market value of the Mortgaged Property sold at that sale, which value shall be binding against Borrower in any proceedings to determine or establish the fair market value of that portion of the Mortgaged Property. The successful bid at any foreclosure or trustee's sale shall be the preferred alternative means of determining and establishing the fair market value of the portion of the Mortgaged Property sold at the sale. Borrower hereby waives any right to have the fair market value of the Mortgaged Property determined by a judge or jury in any action seeking a deficiency judgment, including without limitation, a hearing to determine fair market value pursuant to A.R.S. Sections 12-1566, 33-814, 33-725, or 33-727. (g) Lender shall have all rights, remedies and recourses granted in this Security Instrument and the Other Security Documents or available at law or equity (including the Uniform Commercial Code), which rights: (i) shall be cumulative and concurrent; (ii) may be pursued separately, successively or concurrently against Borrower or others obligated under the Note, this Security Instrument and the Other Security Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Lender; (iii) may be exercised as often as occasion therefore shall arise and exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse; and (iv) are intended to be, and shall be, nonexclusive. No enforcement of any rights, remedies or recourse under the Note, this Security Instrument and the Other Security Documents or otherwise at law or equity shall be deemed to cure any Event of Default. The remedies provided for in this Security Instrument may be exercised in any order.