Common use of No Waiver by Beneficiary Clause in Contracts

No Waiver by Beneficiary. No course of dealing or conduct by or among Beneficiary or any Lender and Mortgagor shall be effective to amend, modify or change any provisions of this Mortgage or the other Loan Documents. No failure or delay by Beneficiary to insist upon the strict performance of any term, covenant or agreement of this Mortgage or of any of the other Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude Beneficiary from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligations, Beneficiary shall not be deemed to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Borrower nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of Beneficiary to comply with any request of Mortgagor or of any other Person to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Mortgage, or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary’s extending the time of payment or modifying the terms of this Mortgage or any of the other Loan Documents without first having obtained the consent of Mortgagor, Borrower or such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the terms of this Mortgage or any of the other Loan Documents without in any way impairing or affecting the Lien of this Mortgage or the priority of this Mortgage over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this Mortgage. Beneficiary may resort to the security or collateral described in this Mortgage or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretion.

No Waiver by Beneficiary. No course of dealing or conduct by or among Beneficiary or any Lender and Mortgagor Grantor shall be effective to amend, modify or change any provisions of this Mortgage Deed of Trust or the other Loan Documents. No failure or delay by Beneficiary to insist upon the strict performance of any term, covenant or agreement of this Mortgage Deed of Trust or of any of the other Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude Beneficiary from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligations, Beneficiary shall not be deemed to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Borrower Grantor nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of Beneficiary to comply with any request of Mortgagor Grantor or of any other Person to take action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions of this MortgageDeed of Trust, or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary’s extending the time of payment or modifying the terms of this Mortgage Deed of Trust or any of the other Loan Documents without first having obtained the consent of Mortgagor, Borrower Grantor or such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the terms of this Mortgage Deed of Trust or any of the other Loan Documents without in any way impairing or affecting the Lien of this Mortgage Deed of Trust or the priority of this Mortgage Deed of Trust over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this MortgageDeed of Trust. Beneficiary may resort to the security or collateral described in this Mortgage Deed of Trust or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretion.

No Waiver by Beneficiary. No course of dealing or conduct by or among Beneficiary or any Lender and Mortgagor Grantor shall be effective to amend, modify or change any provisions of this Mortgage Deed of Trust or the other Loan Documents. No failure or delay by Beneficiary to insist upon the strict performance of any term, covenant or agreement of this Mortgage Deed of Trust or of any of the other Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude Beneficiary from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligations, neither Beneficiary shall not be deemed to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Borrower Grantor nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of Beneficiary to comply with any request of Mortgagor Grantor or of any other Person to take action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions of this MortgageDeed of Trust, or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary’s extending the time of payment or modifying the terms of this Mortgage Deed of Trust or any of the other Loan Documents without first having obtained the consent of Mortgagor, Borrower Grantor or such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the terms of this Mortgage Deed of Trust or any of the other Loan Documents without in any way impairing or affecting the Lien of this Mortgage Deed of Trust or the priority of this Mortgage Deed of Trust over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this MortgageDeed of Trust. Beneficiary may resort to the security or collateral described in this Mortgage Deed of Trust or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretion.

No Waiver by Beneficiary. No course waiver by the Beneficiary of dealing any ------------------------ right or conduct remedy provided by the Debt, this Deed of Trust, or among Beneficiary or any Lender and Mortgagor applicable law, shall be effective unless such waiver is in writing and subscribed by the Beneficiary. Waiver by the Beneficiary of any right or remedy granted to amendthe Beneficiary under the Debt or any provision of the Debt, modify this Deed of Trust, or change applicable law, as to any provisions transaction or occurrence, shall not be deemed a waiver of this Mortgage any future transaction or occurrence. The acceptance of payment of any sum so secured after its due date; or the other Loan Documents. No payment by the Beneficiary of any indebtedness or the performance by the Beneficiary of any obligation of the Trustors under the Debt or this Deed of Trust, upon the failure of the Trustors to do so; or delay the addition of any payment so made by the Beneficiary to insist upon the strict indebtedness so secured; or the assertion by the Beneficiary of any other right or remedy provided by the Debt or this Deed of Trust, shall not constitute a waiver of the Beneficiary's right to require prompt performance of any termall other obligations, covenant or agreement of this Mortgage or of any covenants, and agreements of the other Loan DocumentsTrustors under the Debt and this Deed of Trust, or to exercise any other right or remedy provided by the Debt or this Deed of Trust for any failure by the Trustors timely and fully to perform its/his/her obligations, covenants, and agreements under the Debt and this Deed of Trust. The Beneficiary expressly retains the right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude Beneficiary from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligations, Beneficiary shall not be deemed to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Borrower nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of Beneficiary to comply with any request of Mortgagor or of any other Person to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Mortgage, or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary’s extending the time of payment or modifying the terms of this Mortgage or any of the other Loan Documents without first having obtained the consent of Mortgagor, Borrower or such other Person. Regardless of considerationtime-to-time, and without notice or to consent from the necessity for Trustors, or any notice holder or claimant of a lien or other interest in the Real Property that is junior to the lien of this Deed of Trust, and without incurring liability to the Trustors or consent any other person by so doing, to waive any right or remedy provided by the holder Debt, this Deed of any subordinate Lien on the PropertyTrust, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the terms of this Mortgage or any of the other Loan Documents without in any way impairing or affecting the Lien of this Mortgage or the priority of this Mortgage over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this Mortgage. Beneficiary may resort to the security or collateral described in this Mortgage or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretionapplicable law.

No Waiver by Beneficiary. No course of dealing or conduct by or among Beneficiary or any Lender and Mortgagor shall be effective to amend, modify or change any provisions of this Mortgage or the other Loan Documents. No failure or delay waiver by Beneficiary to insist upon the strict performance of any term, covenant of its rights or agreement of this Mortgage remedies in connection with the Obligations or of any of the terms or conditions of the Loan Documents shall be effective unless such waiver is in writing and signed by Beneficiary. Without limiting the generality of this Section, (a) no delay or omission by Beneficiary in exercising any of its rights or remedies in connection with the Obligations shall constitute or be construed as a waiver of such rights or remedies; (b) no waiver by Beneficiary of any default by Grantor under the Loan Documents or consent by Beneficiary to any act or omission by Grantor shall constitute or be construed as a waiver of or consent to any other or subsequent default, act or omission by Grantor; (c) no disbursement of the proceeds of the Loan or any Future Advance 60 by Beneficiary following any Event of Default shall constitute or be construed as a waiver of such Event of Default or obligate Beneficiary to make any other disbursement under the Loan Documents, ; (d) no acceptance by Beneficiary of any late payment or late or defective performance of any of the Obligations by Grantor shall constitute a waiver by Beneficiary of the right to exercise require prompt payment and performance strictly in accordance with the Loan Documents with respect to any right, power other payment or remedy consequent upon a breach thereof, performance of any of the Obligations; (e) no acceptance by Beneficiary of any payment or performance following any notice of default which has been given or recorded by Beneficiary shall constitute a waiver of Beneficiary's right to proceed with the exercise of its remedies with respect to any such term, covenant Obligations which have not been paid or agreement or performed in full; (f) no acceptance by Beneficiary of any such breach, partial payment or preclude performance shall constitute a waiver by Beneficiary from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligationsits rights or remedies relating to any Obligations which have not been paid or performed in full; and (g) no application of Rents and Profits, Beneficiary shall not be deemed Insurance Proceeds, Condemnation Proceeds or Property Proceeds to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Borrower nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall constitute or be relieved of such liability construed as a waiver by reason of (a) the failure of Beneficiary to comply with any request of Mortgagor or cure of any other Person to take action to foreclose this Mortgage Event of Default or impair, prejudice, invalidate or otherwise enforce affect any of the provisions of this Mortgage, action by Beneficiary or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary’s extending the time of payment or modifying the terms of this Mortgage or any of the other Loan Documents without first having obtained the consent of Mortgagor, Borrower or Trustee in response to such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the terms of this Mortgage or any of the other Loan Documents without in any way impairing or affecting the Lien of this Mortgage or the priority of this Mortgage over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this Mortgage. Beneficiary may resort to the security or collateral described in this Mortgage or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretiondefault.

No Waiver by Beneficiary. No course of dealing or conduct by or among Beneficiary or any Lender and Mortgagor shall be effective to amend, modify or change any provisions of this Mortgage or the other Loan Documents. No failure or delay waiver by Beneficiary to insist upon the strict performance of any term, covenant of its rights or agreement of this Mortgage remedies in connection with the Obligations or of any of the terms or conditions of the Loan Documents shall be effective unless such waiver is in writing and signed by Beneficiary. Without limiting the generality of this Section, (a) no delay or omission by Beneficiary in exercising any of its rights or remedies in connection with the Obligations shall constitute or be construed as a waiver of such rights or remedies; (b) no waiver by Beneficiary of any default by Trustor under the Loan Documents or consent by Beneficiary to any act or omission by Trustor shall constitute or be construed as a waiver of or consent to any other or subsequent default, act or omission by Trustor; (c) no disbursement of the proceeds of the Loan or any Future Advance by Beneficiary following any Event of Default shall constitute or be construed as a waiver of such Event of Default or obligate Beneficiary to make any other disbursement under the Loan Documents, ; (d) no acceptance by Beneficiary of any late payment or late or defective performance of any of the Obligations by Trustor shall constitute a waiver by Beneficiary of the right to exercise require prompt payment and performance strictly in accordance with the Loan Documents with respect to any right, power other payment or remedy consequent upon a breach thereof, performance of any of the Obligations; (e) no acceptance by Beneficiary of any payment or performance following any notice of default which has been given or recorded by Beneficiary shall constitute a waiver of Beneficiary's right to proceed with the exercise of its remedies with respect to any such term, covenant Obligations which have not been paid or agreement or performed in full; (f) no acceptance by Beneficiary of any such breach, partial payment or preclude performance shall constitute a waiver by Beneficiary from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligationsits rights or remedies relating to any Obligations which have not been paid or performed in full; and (g) no application of Rents and Profits, Beneficiary shall not be deemed Insurance Proceeds, Condemnation Proceeds or Property Proceeds to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Borrower nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall constitute or be relieved of such liability construed as a waiver by reason of (a) the failure of Beneficiary to comply with any request of Mortgagor or cure of any other Person to take action to foreclose this Mortgage Event of Default or impair, prejudice, invalidate or otherwise enforce affect any of the provisions of this Mortgage, action by Beneficiary or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary’s extending the time of payment or modifying the terms of this Mortgage or any of the other Loan Documents without first having obtained the consent of Mortgagor, Borrower or Trustee in response to such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the terms of this Mortgage or any of the other Loan Documents without in any way impairing or affecting the Lien of this Mortgage or the priority of this Mortgage over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this Mortgage. Beneficiary may resort to the security or collateral described in this Mortgage or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretiondefault.

No Waiver by Beneficiary. No course of dealing or conduct by or among Beneficiary or any Lender and Mortgagor Grantor shall be effective to amend, modify or change any provisions of this Mortgage Deed of Trust or the other Loan Documents. No failure or delay by Beneficiary to insist upon the strict performance of any term, covenant or agreement of this Mortgage Deed of Trust or of any of the other Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude Beneficiary from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligations, Beneficiary shall not be deemed to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Borrower Grantor nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of Beneficiary to comply with any request of Mortgagor Grantor or of any other Person to take action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions of this MortgageDeed of Trust, or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary’s 's extending the time of payment or modifying the terms of this Mortgage Deed of Trust or any of the other Loan Documents without first having obtained the consent of Mortgagor, Borrower Grantor or such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the terms of this Mortgage Deed of Trust or any of the other Loan Documents without in any way impairing or affecting the Lien of this Mortgage Deed of Trust or the priority of this Mortgage Deed of Trust over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this MortgageDeed of Trust. Beneficiary may resort to the security or collateral described in this Mortgage Deed of Trust or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretion.

No Waiver by Beneficiary. No course of dealing or conduct by or among Beneficiary or any Lender between the Beneficiary, the Trustees and Mortgagor the Grantors shall be effective to amend, modify or change any provisions of this Mortgage Deed of Trust or the other Loan Documents. No failure or delay by the Beneficiary or the Trustees to insist upon the strict performance of any term, covenant or agreement of this Mortgage Deed of Trust or of any of the other Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude the Beneficiary or the Trustees from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligations, the Beneficiary or the Trustees shall not be deemed to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Borrower the Grantors nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of the Beneficiary to comply with any request of Mortgagor the Grantors or of any other Person to take action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions of this MortgageDeed of Trust, or (b) any agreement or stipulation between any subsequent owner or owners of the Property and the Beneficiary, or (c) Beneficiary’s the Beneficiary extending the time of payment or modifying the terms of this Mortgage Deed of Trust or any of the other Loan Documents without first having obtained the consent of Mortgagor, Borrower the Grantors or such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, the Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations Obligations, and may extend the time of payment or otherwise modify the terms of this Mortgage Deed of Trust or any of the other Loan Documents without in any way impairing or affecting the Lien of this Mortgage Deed of Trust or the priority of this Mortgage Deed of Trust over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this MortgageDeed of Trust. The Beneficiary may resort to the security or collateral described in this Mortgage Deed of Trust or any of the other Loan Documents in such order and manner as the Beneficiary may elect in its sole discretion.

No Waiver by Beneficiary. No course of dealing or conduct by or among Beneficiary or any Lender and Mortgagor shall be effective to amend, modify or change any provisions of this Mortgage or the other Loan Documents. No failure or delay waiver by Beneficiary to insist upon the strict performance of any term, covenant of its rights or agreement of this Mortgage remedies in connection with the Obligations or of any of the terms or conditions of the Note, Additional Notes or this Deed of Trust shall be effective unless such waiver is in writing and signed by Beneficiary. Without limiting the generality of this Section, (a) no delay or omission by Beneficiary in exercising any of its rights or remedies in connection with the Obligations shall constitute or be construed as a waiver of such rights or remedies; (b) no waiver by Beneficiary of any default by Trustor under the Note, Additional Notes or this Deed of Trust or consent by Beneficiary to any act or omission by Trustor shall constitute or be construed as a waiver of or consent to any other Loan Documentsor subsequent default, act or omission by Trustor; (c) no acceptance by Beneficiary of any late payment or late or defective performance of any of the Obligations by Trustor shall constitute a waiver by Beneficiary of the right to exercise require prompt payment and performance strictly in accordance with the Note, Additional Notes or this Deed of Trust with respect to any right, power other payment or remedy consequent upon a breach thereof, performance of any of the Obligations; (d) no acceptance by Beneficiary of any payment or performance following any notice of default which has been given or recorded by Beneficiary shall constitute a waiver of Beneficiary’s right to proceed with the exercise of its remedies with respect to any such term, covenant Obligations which have not been paid or agreement or performed in full; (e) no acceptance by Beneficiary of any such breach, partial payment or preclude performance shall constitute a waiver by Beneficiary from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligationsits rights or remedies relating to any Obligations which have not been paid or performed in full; and (f) no application of Rents and Profits, Beneficiary shall not be deemed Insurance Proceeds, Condemnation Proceeds or Property Proceeds to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Borrower nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall constitute or be relieved of such liability construed as a waiver by reason of (a) the failure of Beneficiary to comply with any request of Mortgagor or cure of any other Person to take action to foreclose this Mortgage Event of Default or impair, prejudice, invalidate or otherwise enforce affect any of the provisions of this Mortgage, action by Beneficiary or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary’s extending the time of payment or modifying the terms of this Mortgage or any of the other Loan Documents without first having obtained the consent of Mortgagor, Borrower or Trustee in response to such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the terms of this Mortgage or any of the other Loan Documents without in any way impairing or affecting the Lien of this Mortgage or the priority of this Mortgage over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this Mortgage. Beneficiary may resort to the security or collateral described in this Mortgage or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretiondefault.