Common use of No merger etc Clause in Contracts

No merger etc. It is the intent of Lender, Buyer and Borrower that (a) the interests of Borrower conveyed to Buyer hereunder and the interests of Lender existing under each Deed of Trust shall not merge upon or after Closing, (b) each Deed of Trust and the applicable Note shall continue in full force and effect and such Deed of Trust shall remain as a first priority lien against the applicable Real Property notwithstanding the transfer of the Real Property to Buyer and Lender's covenant not to xxx Borrower pursuant to Section 5.1 hereof, and (c) Lender shall retain the right to foreclose upon the Real Property, whether judicially or non-judicially pursuant to its power of sale under such Deed of Trust, after the Closing but agrees not to seek a judgment for deficiency against Borrower or its constituent members.

No merger etc. It is the intent of Lender, Buyer Assignor and Borrower Assignee that (a) the interests of Borrower Assignor conveyed to Buyer Assignee hereunder and the interests of Lender existing under each the Deed of Trust shall not merge upon or after Closing, (b) each the Deed of Trust and the applicable Note shall continue in full force and effect and such the Deed of Trust shall remain as a first priority lien against the applicable Real Property notwithstanding the transfer of the Real Property to Buyer Assignee and Lender's covenant not to xxx Borrower Assignor pursuant to Section 5.1 hereofof the Agreement, and (c) Lender shall retain the right to foreclose upon the Real Property, whether judicially or non-judicially pursuant to its power of sale under such the Deed of Trust, after the Closing but agrees not to seek a monetary or deficiency judgment for deficiency against Borrower Assignor or its Assignor's constituent membersowners.

No merger etc. It is the intent of Lender, Buyer Assignor and Borrower Assignee that (a) the interests of Borrower Assignor conveyed to Buyer Assignee hereunder and the interests of Lender existing under each the Deed of Trust shall not merge upon or after Closing, (b) each the Deed of Trust and the applicable Note shall continue in full force and effect and such the Deed of Trust shall remain as a first priority lien against the applicable Real Property notwithstanding the transfer of the Real Property to Buyer Assignee and Lender's covenant not to xxx Borrower Assignor pursuant to Section 5.1 hereofof the Agreement, and (c) Lender shall retain the right to foreclose upon the Real Property, whether judicially or non-judicially pursuant to its power of sale under such the Deed of Trust, after the Closing but agrees not to seek a judgment for deficiency against Borrower Assignor or its Assignor's constituent members.owners. EXHIBIT E

No merger etc. It is the intent of Lender, Buyer and Borrower that (a) the interests of Borrower conveyed to Buyer hereunder and the interests of Lender existing under each the Deed of Trust shall not merge upon or after Closing, (b) each the Deed of Trust and the applicable Note shall continue in full force and effect and such the Deed of Trust shall remain as a first priority lien against the applicable Real Property notwithstanding the transfer of the Real Property to Buyer and Lender's covenant not to xxx Borrower pursuant to Section 5.1 hereof, and (c) Lender shall retain the right to foreclose upon the Real Property, whether judicially or non-judicially pursuant to its power of sale under such the Deed of Trust, after the Closing but agrees not to seek a judgment for deficiency or any monetary judgment against Borrower or its constituent membersGuarantors.