Common use of No Obligation to Pursue Remedy Clause in Contracts

No Obligation to Pursue Remedy. Borrower waives any right to require Lender to (a) proceed against any Person, (b) proceed against or exhaust all or any of the Collateral or pursue its rights and remedies as against the Collateral in any particular order, or (c) pursue any other remedy in its power. Lender shall not be required to take any steps necessary to preserve any rights of Borrower against holders of mortgages prior in lien to the lien of any Mortgage Loan included in the Collateral or to preserve rights against prior parties. No failure on the part of Lender to exercise, and no delay in exercising, any right, power or remedy provided hereunder, at law or in equity shall operate as a waiver thereof; nor shall any single or partial exercise by Lender of any right, power or remedy provided hereunder, at law or in equity preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Without intending to limit the foregoing, all defenses based on the statute of limitations are hereby waived by Borrower. The remedies herein provided are cumulative and are not exclusive of any remedies provided at law or in equity.

Appears in 4 contracts

Samples: Revolving Credit and Security Agreement (ECC Capital CORP), Credit and Security Agreement (Fieldstone Investment Corp), Revolving Credit and Security Agreement (Aames Financial Corp/De)

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No Obligation to Pursue Remedy. Borrower waives Buyer shall have the right to exercise any of its rights and/or remedies without presentment, demand, protest or further notice of any kind other than as expressly set forth herein, all of which are hereby expressly waived by Seller Parties. Seller Parties further waive any right to require Lender Buyer to (a) proceed against any Person, (b) proceed against or exhaust all or any of the Purchased Assets or Residual Collateral or pursue its rights and remedies as against the Purchased Assets or Residual Collateral in any particular order, or (c) pursue any other remedy in its power. Lender Buyer shall not be required to take any steps necessary to preserve any rights of Borrower Seller Parties against holders of mortgages prior in lien to the lien of any Mortgage Loan included in the Purchased Items or Residual Collateral or to preserve rights against prior parties. No failure on the part of Lender Buyer to exercise, and no delay in exercising, any right, power or remedy provided hereunder, at law or in equity shall operate as a waiver thereof; nor shall any single or partial exercise by Lender Buyer of any right, power or remedy provided hereunder, at law or in equity preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Without intending to limit the foregoing, all defenses based on the statute of limitations are hereby waived by Borrower. The remedies herein provided are cumulative and are not exclusive of any remedies provided at law or in equity.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

No Obligation to Pursue Remedy. Borrower Seller waives any right to require Lender Buyer to (a) proceed against any Person, (b) proceed against or exhaust all or any of the Collateral or pursue its rights and remedies as against the Collateral in any particular order, or (c) pursue any other remedy in its power. Lender Buyer shall not be required to take any steps necessary to preserve any rights of Borrower Seller against holders of mortgages prior in lien to the lien of any Purchased Mortgage Loan included in the Collateral or to preserve rights against prior parties. No failure on the part of Lender Buyer to exercise, and no delay in exercising, any right, power or remedy provided hereunder, at law or in equity shall operate as a waiver thereof; nor shall any single or partial exercise by Lender Buyer of any right, power or remedy provided hereunder, at law or in equity preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Without intending to limit the foregoing, all defenses based on the statute of limitations are hereby waived by BorrowerSeller. The remedies herein provided are cumulative and are not exclusive of any remedies provided at law or in equity.

Appears in 1 contract

Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)

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No Obligation to Pursue Remedy. Lender shall have the right to exercise any of its rights and/or remedies without presentment, demand, protest or further notice of any kind other than as expressly set forth herein, all of which are hereby expressly waived by Borrower. Borrower further waives any right to require Lender to (a) proceed against any Person, (b) proceed against or exhaust all or any of the Collateral Pledged Mortgage Loans or pursue its rights and remedies as against the Collateral Pledged Mortgage Loans in any particular order, or (c) pursue any other remedy in its power. Lender shall not be required to take any steps necessary to preserve any rights of Borrower against holders of mortgages prior in lien to the lien of any Pledged Mortgage Loan included in the Collateral or to preserve rights against prior parties. No failure on the part of Lender to exercise, and no delay in exercising, any right, power or remedy provided hereunder, at law or in equity shall operate as a waiver thereof; nor shall any single or partial exercise by Lender of any right, power or remedy provided hereunder, at law or in equity preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Without intending to limit the foregoing, all defenses based on the statute of limitations are hereby waived by Borrower. The remedies herein provided are cumulative and are not exclusive of any remedies provided at law or in equity.

Appears in 1 contract

Samples: Loan and Security Agreement (Five Oaks Investment Corp.)

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