No Conditions Precedent to Exercise of Remedies. Neither Grantor nor any other person hereafter obligated for payment of all or any part of the Indebtedness or fulfillment of all or any of the Obligations shall be relieved of such obligation by reason of: (a) the failure of Trustee to comply with any request of Grantor or any other person so obligated to foreclose the lien of this Deed of Trust or to enforce any provisions of the other Loan Documents; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Grantor or such other person, and in such event Grantor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by Beneficiary; or (d) by any other act or occurrence save and except the complete payment of the Indebtedness and the complete fulfillment of all of the Obligations.
Appears in 5 contracts
Samples: Leasehold Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.), Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.), Leasehold Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.)
No Conditions Precedent to Exercise of Remedies. Neither Grantor nor any other person hereafter obligated for payment of all or any part of the Indebtedness Obligations or fulfillment of all or any of the Other Obligations shall be relieved of such obligation by reason of: of (a) the failure of Trustee to comply with any request of Grantor or of any other person so obligated to foreclose the lien of this Deed of Trust or to enforce any provisions of the other Loan Documents; , (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; , (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Grantor or such other person, and in such event Grantor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by Beneficiary; Beneficiary or (d) by any other act or occurrence save and except the complete payment of the Indebtedness Obligations and the complete fulfillment of all of the Other Obligations.
Appears in 4 contracts
Samples: Deed of Trust and Security Agreement (Sterling Construction Co Inc), Deed of Trust and Security Agreement (Sterling Construction Co Inc), Deed of Trust and Security Agreement (Sterling Construction Co Inc)
No Conditions Precedent to Exercise of Remedies. Neither Grantor Grantor, Guarantor nor any other person hereafter obligated for payment of all or any part of the Indebtedness Obligations or fulfillment of all or any of the Other Obligations shall be relieved of such obligation by reason of: of (a) the failure of Trustee to comply with any request of Grantor Grantor, Guarantor or of any other person so obligated to foreclose the lien of this Deed of Trust or to enforce any provisions of the other Loan Documents; , (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; , (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Grantor Grantor, Guarantor or such other person, and in such event Grantor Grantor, Guarantor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by Beneficiary; Beneficiary or (d) by any other act or occurrence save and except the complete payment of the Indebtedness Obligations and the complete fulfillment of all of the Other Obligations.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Spansion Inc.), Deed of Trust (Spansion Inc.), Deed of Trust (Advanced Micro Devices Inc)
No Conditions Precedent to Exercise of Remedies. Neither Grantor Grantor, Guarantor nor any other person hereafter obligated for payment of all or any part of the Indebtedness Obligations or fulfillment of all or any of the Other Obligations shall be relieved of such obligation by reason of: of (a) the failure of Trustee or Beneficiary (as applicable) to comply with any request of Grantor Grantor, Guarantor or of any other person so obligated to foreclose the lien of this Deed of Trust or to enforce any provisions of the other Loan Noteholder Documents; , (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; , (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary extending, renewing, rearranging or in any other way modifying the terms of the Loan Noteholder Documents without first having obtained the consent of, given notice to or paid any consideration to Grantor Grantor, Guarantor or such other person, and in such event Grantor Grantor, Guarantor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by Beneficiary; Beneficiary or (d) by any other act or occurrence save and except the complete payment of the Indebtedness Obligations and the complete fulfillment of all of the Other Obligations.
Appears in 2 contracts
Samples: Deed of Trust, Security Agreement, Assignment of Rents and Financing Statement (Spansion Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Financing Statement (Spansion Inc.)
No Conditions Precedent to Exercise of Remedies. Neither Grantor Subject to and to fullest extent permitted by law, neither Mortgagor nor any other person hereafter obligated for payment of all or any part of the Indebtedness or fulfillment of all or any of the Obligations shall be relieved of such obligation by reason of: (a) the failure of Trustee Mortgagee to comply with any request of Grantor Mortgagor or any other person so obligated to foreclose the lien of this Deed of Trust Mortgage or to enforce any provisions of the other Loan Documents; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary Mortgagee extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Grantor Mortgagor or such other person, and in such event Grantor Mortgagor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by BeneficiaryMortgagee; or (d) by any other act or occurrence save and except the complete payment of the Indebtedness and the complete fulfillment of all of the Obligations.
Appears in 2 contracts
Samples: Open End Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.), Open End Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.)
No Conditions Precedent to Exercise of Remedies. Neither Grantor Mortgagor nor any other person now or hereafter obligated for payment of all or any part of the Indebtedness or fulfillment of all or any of the Obligations shall be relieved of such obligation by reason of: (a) of the failure of Trustee Mortgagee to comply with any request of Grantor Mortgagor or of any other person so obligated to take action to foreclose the lien of on this Deed of Trust Mortgage or to otherwise enforce any provisions of the other Security Documents, the Note or any of the Loan Documents; (b) , or by reason of the release, regardless of consideration, of all or any part of the Mortgaged Property (or any portion thereof collateral), or interest therein or the addition by reason of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary extending, renewing, rearranging Mortgagee extending the time of payment or in any other way modifying the terms of the Security Documents, the Note or any of the Loan Documents without first having obtained the consent ofof Mortgagor, given notice to or paid any consideration to Grantor Guarantor or such other person, ; and in such the latter event Grantor Mortgagor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement agreement, unless expressly released and discharged in writing by Beneficiary; or (d) by any other act or occurrence save and except the complete payment of the Indebtedness and the complete fulfillment of all of the ObligationsMortgagee.
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No Conditions Precedent to Exercise of Remedies. Neither ----------------------------------------------- Grantor nor any other person hereafter obligated for payment of all or any part of the Indebtedness or fulfillment of all or any of the Obligations shall be relieved of such obligation by reason of: of (a) the failure of Deed Trustee to comply with any request of Grantor or any other person so obligated to foreclose the lien Lien of this Deed of Trust or to enforce any provisions of the other Loan Documentsdocuments securing the Intercompany Note; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents this Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to Grantor Grantor, or such other person, and in such event Grantor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by Beneficiary; or (d) by any other act or occurrence save and except the complete payment of the Indebtedness and the complete fulfillment of all of the Obligations.
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No Conditions Precedent to Exercise of Remedies. Neither Grantor Borrower nor any other person hereafter obligated for payment of all or any part of the Indebtedness Indebtedness, or fulfillment of all or any of the Obligations Obligations, shall be relieved of such obligation by reason of: of (a) the failure of Trustee Lender to comply with any request of Grantor Borrower or of any other person so obligated obligated, to foreclose the lien of this Security Deed of Trust or to enforce any provisions of the other Loan Documents; , (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; , (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary Lender extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Grantor Borrower or such other person, and in such event Grantor event, Borrower and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged discharged, in writing writing, by Beneficiary; Lender, or (d) by any other act or occurrence occurrence, save and except the complete payment of the Indebtedness and the complete fulfillment of all of the Obligations.
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No Conditions Precedent to Exercise of Remedies. Neither Grantor Trustor, Guarantor nor any other person hereafter obligated for payment of all or any part of the Indebtedness Obligations or fulfillment of all or any of the Other Obligations shall be relieved of such obligation by reason of: of (a) the failure of Trustee to comply with any request of Grantor Trustor, Guarantor or of any other person so obligated to foreclose the lien of this Deed of Trust or to enforce any provisions of the other Loan Documents; , (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; , (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Grantor Trustor, Guarantor or such other person, and in such event Grantor Trustor, Guarantor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by Beneficiary; Beneficiary or (d) by any other act or occurrence save and except the complete payment of the Indebtedness Obligations and the complete fulfillment of all of the Other Obligations.
Appears in 1 contract
Samples: Deed of Trust (Spansion Inc.)
No Conditions Precedent to Exercise of Remedies. Neither Grantor Borrower nor any other person hereafter obligated for payment of all or any part of the Indebtedness Indebtedness, or fulfillment of all or any of the Obligations Obligations, shall be relieved of such obligation by reason of: (aof(a) the failure of Trustee Lender to comply with any request of Grantor Borrower or of any other person so obligated obligated, to foreclose the lien of this Security Deed of Trust or to enforce any provisions of the other Loan Documents; , (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; , (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary Lender extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Grantor Borrower or such other person, and in such event Grantor event, Borrower and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged discharged, in writing writing, by Beneficiary; Lender, or (d) by any other act or occurrence occurrence, save and except the complete payment of the Indebtedness and the complete fulfillment of all of the Obligations.
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No Conditions Precedent to Exercise of Remedies. Neither Grantor Mortgagor nor any other person Person now or hereafter obligated for payment of all or any part of the Indebtedness or fulfillment of all or any of Obligations (including the Obligations Borrower and the other Guarantors) shall be relieved of such obligation Obligations by reason of: (a) of the failure of Trustee Mortgagee to comply with any request of Grantor Mortgagor, any Borrower or any other person Guarantor or of any other Person so obligated to take action to foreclose the lien of on this Deed of Trust Mortgage or to otherwise enforce any provisions of the other Loan Credit Documents; (b) , or by reason of the release, regardless of consideration, of the Mortgaged Property all or any portion thereof part of the security held for the Obligations, or interest therein or the addition by reason of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary extending, renewing, rearranging Mortgagee extending the time of payment or in any other way modifying Modifying the terms of the Loan Credit Documents without first having obtained the consent ofof Mortgagor, given notice to or paid any consideration to Grantor the Borrower, the Guarantors or such other person, Person; and in such the latter event Grantor Mortgagor, the Borrower, the Guarantors, and all such other persons Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement agreement, unless expressly released and discharged in writing by Beneficiary; or Mortgagee. Mortgage (dGPT) by any other act or occurrence save and except the complete payment of the Indebtedness and the complete fulfillment of all of the Obligations.(FORM) 22
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Gramercy Property Trust Inc.)
No Conditions Precedent to Exercise of Remedies. Neither Grantor Mortgagor nor any other person now or hereafter obligated for payment of all or any part of the Indebtedness or fulfillment of all or any of (including the Obligations Guarantor) shall be relieved of such obligation by reason of: (a) of the failure of Trustee Mortgagee to comply with any request of Grantor Mortgagor or any Guarantor or of any other person so obligated to take action to foreclose the lien of on this Deed of Trust Mortgage or to otherwise enforce any provisions of the other Security Documents, the Guaranty, the Loan Documents; (b) Agreement, or the Note, or by reason of the release, regardless of consideration, of the Mortgaged Property all or any portion thereof part of the security held for the Indebtedness, or interest therein or the addition by reason of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary extending, renewing, rearranging Mortgagee extending the time of payment or in any other way modifying the terms of the Security Documents, the Loan Documents Agreement, or Note without first having obtained the consent ofof Mortgagor, given notice to or paid any consideration to Grantor the Guarantor or such other person, ; and in such the latter event Grantor Mortgagor, the Guarantor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement agreement, unless expressly released and discharged in writing by Beneficiary; or (d) by any other act or occurrence save and except the complete payment of the Indebtedness and the complete fulfillment of all of the ObligationsMortgagee.
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Leases and Rents (Glimcher Realty Trust)
No Conditions Precedent to Exercise of Remedies. Neither Grantor Mortgagor nor any other person hereafter obligated for payment of all or any part of the Indebtedness or fulfillment of all or any of the Obligations shall be relieved of such obligation by reason of: of (a) the failure of Trustee Mortgagee to comply with any request of Grantor Mortgagor or any other person so obligated to foreclose the lien Lien of this Deed of Trust Mortgage or to enforce any provisions of the other Loan Documentsdocuments securing the Intercompany Note; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; , (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and Beneficiary Mortgagee extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents this Mortgage without first having obtained the consent of, given notice to or paid any consideration to Grantor Mortgagor, or such other person, and in such event Grantor Mortgagor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by BeneficiaryMortgagee; or (d) by any other act or occurrence save and except the complete payment of the Indebtedness and the complete fulfillment of all of the Obligations.
Appears in 1 contract