Common use of No Waiver Implied Clause in Contracts

No Waiver Implied. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms, covenants, agreements, conditions and provisions hereof shall not be deemed to be a waiver of any of the terms, covenants, agreements, conditions and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms, covenants, agreements, conditions and provisions of this Mortgage to be performed by Mortgagor. Neither Mortgagor nor any other person now or hereafter obligated for the payment of the whole or any part of the Obligations Secured shall be relieved of such obligation by reason of the failure of Mortgagee to comply with any request of Mortgagor or any other person so obligated to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Mortgage or of any obligations secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the Obligations Secured, or by reason of any agreement or stipulation between any subsequent owner or owners of the Mortgaged Property and Mortgagee extending the time of payment or modifying the terms of any of the Note or Mortgage without first having obtained the consent of Mortgagor or such other person, and in the latter event, Mortgagor and all such other persons shall continue liable to make such payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by Mortgagee. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, Mortgagee may release the obligation of anyone at any time liable for the Obligations Secured or any part of the security held for the Obligations Secured and may extend the time of payment or otherwise modify the terms of the Loan Agreement or this Mortgage, or both, without, as to the security of the remainder thereof, in anyway impairing or affecting the lien of this Mortgage or the priority of such lien as security for the payment of the indebtedness as it may be so extended or modified over any subordinate lien. For the payment of the indebtedness secured hereby Mortgagee may resort to any other security therefor held by Mortgagee in such order and manner as Mortgagee may elect.

No Waiver Implied. Any failure by Mortgagee Lender to insist upon the strict performance performances by Mortgagor Grantor of any of the terms, covenants, agreements, conditions and provisions hereof shall not be deemed to be a waiver of any of the terms, covenants, agreements, ; conditions and provisions hereof, and MortgageeLender, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor Grantor of any and all of the terms, covenants, agreements, conditions and provisions of this Mortgage Deed of Trust to be performed by MortgagorGrantor. Neither Mortgagor Grantor nor any other person persons now or hereafter obligated obliged for the payment of the whole or any part of the Obligations Secured sums now or hereafter secured by this Deed of Trust shall be relieved of such obligation by reason of the failure of Mortgagee to comply with any request of Mortgagor or any other person so obligated Lender to take action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions of this Mortgage Deed of Trust or of any obligations secured by this MortgageDeed of Trust, or by reason of the consent of the Lender to the filing of any map, plat or replat of the Mortgaged Premises, or by reason of the release, regardless of consideration, consideration of the whole or any part of the security held for the Obligations Securedindebtedness secured by this Deed of Trust, or by reason of any agreement or stipulation between any subsequent owner or owners of the Mortgaged Property Premises and Mortgagee Lender extending the time of payment or modifying the terms of any of the Note or Mortgage this Deed of Trust without first having obtained the consent of Mortgagor Lender or such other person, and in the latter last event, Mortgagor Lender and all such other persons shall continue liable to make such payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by Mortgagee. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, Mortgagee may release the obligation of anyone at any time liable for the Obligations Secured or any part of the security held for the Obligations Secured and may extend the time of payment or otherwise modify the terms of the Loan Agreement or this Mortgage, or both, without, as to the security of the remainder thereof, in anyway impairing or affecting the lien of this Mortgage or the priority of such lien as security for the payment of the indebtedness as it may be so extended or modified over any subordinate lienLender. For the payment of the indebtedness secured hereby Mortgagee Lender may resort to any other security therefor therefore held by Mortgagee Lender in such order and manner as Mortgagee Lender may elect.

No Waiver Implied. Any failure failure, forbearance or delay by Mortgagee to insist the Beneficiary in insisting upon the strict performance by Mortgagor either the City or the Corporation of any of the terms, covenants, agreements, conditions and provisions hereof shall not be deemed to be a waiver of any of the terms, covenants, agreements, conditions and provisions hereof, and Mortgageethe Beneficiary, notwithstanding any such failure, forbearance or delay, shall have the right thereafter to insist upon the strict performance by Mortgagor the City and the Corporation of any and all of the terms, covenants, agreements, conditions and provisions of this Mortgage Deed of Trust to be performed by Mortgagoreach of the City and the Corporation. Neither Mortgagor None of the City, the Corporation, nor any other person now or hereafter obligated for the payment of the whole or any part of the Obligations Secured sums now or hereafter secured by this Deed of Trust shall be relieved of such obligation by reason of the failure of Mortgagee the Beneficiary to comply with any request of Mortgagor the City, the Corporation or of any other person so obligated to take action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions of this Mortgage Deed of Trust or of any obligations secured by this MortgageDeed of Trust, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the Obligations Securedindebtedness secured by this Deed of Trust, or by reason of any agreement or stipulation between any subsequent owner or owners of the Mortgaged Pledged Property and Mortgagee the Beneficiary extending the time of payment or modifying the terms of any of the Note or Mortgage Documents without first having obtained the consent of Mortgagor the City, the Corporation or such other person, and in the latter event, Mortgagor the City, the Corporation and all such other persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by Mortgageethe Beneficiary. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Pledged Property, Mortgagee the Beneficiary may direct the Deed Trustee to release the obligation of anyone at any time liable for any of the Obligations Secured indebtedness secured by this Deed of Trust or any part of the security held for the Obligations Secured indebtedness and may extend the time of for payment or otherwise grant indulgences, modify the terms of the Loan Agreement or this MortgageNote Documents, or both, without, as to the security of or the remainder thereof, in anyway any way impairing or affecting the lien of this Mortgage Deed of Trust or the priority of such lien lien, as security for the payment of the indebtedness as it may be so extended or modified modified, over any subordinate lien. The holder of any subordinate lien shall have no right to terminate any lease affecting the Pledged Property whether or not such lease be subordinate to this Deed of Trust. For the payment of the indebtedness secured hereby Mortgagee the Beneficiary may resort to any other security therefor held by Mortgagee the Beneficiary in such order and manner as Mortgagee the Beneficiary may elect.

No Waiver Implied. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms, covenants, agreements, conditions terms and provisions hereof of this Mortgage or the Notes shall not be deemed to be a waiver of any of the terms, covenants, agreements, conditions and terms or provisions hereofof the Mortgage or Notes, and Mortgagee, notwithstanding any such failure, Mortgagee shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms, covenants, agreements, conditions and provisions of this Mortgage to be performed by Mortgagorthem. Neither Mortgagor nor any other person now or hereafter obligated for the payment of the whole all or any part of the Obligations Secured sums now or hereafter secured by this Mortgage shall be relieved of such obligation by reason of the failure of Mortgagee to comply with any request of Mortgagor or of any other person so obligated to take action to foreclose on this Mortgage or otherwise enforce any provisions of the provisions of this Mortgage or of any obligations secured by this Mortgagethe Notes, or by reason of the release, regardless of consideration, of the whole all or any part of the security held for the Obligations Securedindebtedness secured by this Mortgage, or by reason of any agreement or stipulation between any subsequent owner or owners of the Mortgaged Property Subject Premises and Mortgagee extending the time of payment or modifying the terms of any of the Note Mortgage or Mortgage Notes without first having obtained the consent of Mortgagor or such other person, ; and in the latter event, event Mortgagor and all such other persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification agreement, unless expressly released and discharged in writing by Mortgagee. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, Mortgagee may release the obligation of anyone at any time liable for the Obligations Secured or any part of the security held for the Obligations Secured and may extend the time of payment or otherwise modify the terms of the Loan Agreement or this Mortgage, or both, without, as to the security of the remainder thereof, in anyway impairing or affecting the lien of this Mortgage or the priority of such lien as security for the payment of the indebtedness as it may be so extended or modified over any subordinate lien. For the payment of the indebtedness secured hereby Mortgagee may resort to any other security therefor held by Mortgagee in such order and manner as Mortgagee may elect.