No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments shall extend to or shall affect any subsequent or any other then existing default or shall impair any rights, powers or remedies consequent thereon. If the Grantee (a) grants forbearance or an extension of time for the payment of any indebtedness secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in any of the other Loan Documents, or in any of the Other Indebtedness Instruments; (d) releases any part of the Property from this Deed to Secure Debt or otherwise changes any of the terms of this Deed to Secure Debt, the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, or replat of or consents to the granting of any easement on, all or any part of the Property; or (f) makes or consents to any agreement subordinating the priority of this Deed to Secure Debt, any such act or omission shall not release, discharge, modify, change, or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Grantee from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee shall the provisions of this Deed to Secure Debt be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the Grantee, without notice to any person, corporation or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 4 contracts
Samples: And Security Agreement (Roberts Realty Investors Inc), And Security Agreement (Roberts Realty Investors Inc), Roberts Realty Investors Inc
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments Default shall extend to or shall affect any subsequent or any other then existing default or shall impair any rights, powers or remedies consequent thereonDefault. If the Grantee (a) Mortgagee grants forbearance or an any extension of time for the payment of any indebtedness secured hereby; (b) Secured Obligations, takes other or additional security for the payment thereof; (c) payments, waives or does not exercise any right granted herein, in the NoteFacility Agreement, in this Mortgage or any of the other Loan DocumentsTransaction Document, or in any of the Other Indebtedness Instruments; (d) releases any part of the Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure DebtMortgage or any other Transaction Document, the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, plat or replat of or the land, consents to the granting of any easement onon the land, all or any part of the Property; or (f) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority lien or any change of this Deed to Secure DebtMortgage, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under the Facility Agreement, this Deed to Secure DebtMortgage or otherwise of Mortgagor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property or any part thereofmaker, or any makerobligor, co-signer, endorserxxxxxx, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted to Mortgagee or intended to be granted in the event case of any other default Default then made existing or of any subsequent defaultDefault, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered therebyexcept to the extent of any release. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the Grantee, Mortgagee without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured herebySecured Obligations, or with reference to any of the terms or conditions hereof, or of the other Loan Documentsthis Mortgage, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the Mortgagor’s liabilities or undertakings hereunderundertakings.
Appears in 3 contracts
Samples: Mortgage, Security Agreement (Neutron Energy, Inc.), Mortgage, Security Agreement (Neutron Energy, Inc.), Mortgage, Security Agreement (Neutron Energy, Inc.)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments Actionable Default hereunder shall extend to or shall affect any subsequent or any other Actionable Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted hereinin this Mortgage, in the Note, in Collateral Trust Agreement or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsSecured Debt Document; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement changing the terms of this Mortgage, the Collateral Trust Agreement, or any other Secured Debt Document subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure DebtMortgage, the NoteCollateral Trust Agreement or any other Secured Debt Document otherwise of Mortgagor, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Actionable Default then made existing or of any subsequent defaultActionable Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien or security interest of this Deed to Secure Debt Mortgage be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Actionable Default as provided herein. Notwithstanding anything to the contrary contained in this Mortgage or any other Security Document, (i) in the case of any non-monetary Actionable Default, Mortgagee may continue to accept payments due hereunder without thereby waiving the existence of such or any other Actionable Default and (ii) in the case of any monetary Actionable Default, Mortgagee may accept partial payments of any sums due hereunder without thereby waiving the existence of such Actionable Default if the partial payment is not sufficient to completely cure such Actionable Default.
Appears in 3 contracts
Samples: Statement and Security Agreement (Midwest Generation LLC), Statement and Security Agreement (Midwest Generation LLC), Midwest Generation LLC
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If Beneficiary or the Grantee required percentage of the Banks (as determined pursuant to the Credit Agreement), to the extent applicable under the Credit Agreement, (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in the Credit Agreement, this Deed of Trust, the Guaranty, the Disbursement Agreement or any of the other Loan Documents, or in Document (including any of the Other Indebtedness InstrumentsSecurity Document); (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsObligations; (e) consents to the filing of any map, plat, plat or replat of or the Site (to the extent such consent is required); (f) consents to the granting of any easement on, all or any part of on the PropertySite (to the extent such consent is required); or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Loan Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability of Trustor under the Guaranty, this Deed to Secure Debt, the Note, the of Trust or any other Loan DocumentsDocument (including any Security Document) or otherwise, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 4.14. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Loan Document (including any Security Document), (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due or secured hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due or secured hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 2 contracts
Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Las Vegas LLC)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments shall extend to or shall affect any subsequent or any other then existing default or shall impair any rights, powers or remedies consequent thereon. If the Grantee Lender (a) grants forbearance or an extension of time for the payment of any indebtedness secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in any of the other Loan Documents, or in any of the Other Indebtedness Instruments; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt Mortgage or otherwise changes any of the terms of this Deed to Secure DebtMortgage, the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, or replat of or consents to the granting of any easement on, all or any part of the Mortgaged Property; or (f) makes or consents to any agreement subordinating the priority of this Deed to Secure DebtMortgage, any such act or omission shall not release, discharge, modify, change, or affect the original liability under this Deed to Secure DebtMortgage, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor Borrower or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Grantee Lender from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Lender shall the provisions of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeLender, without notice to any person, corporation or other entity (except notice shall be given to Grantor Mortgagor so long as Grantor Mortgagor or Borrower remains liable under the Note, this Deed to Secure Debt Mortgage or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Westwater Resources, Inc.), And Leases and Security Agreement (Westwater Resources, Inc.)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Mortgage or any of other instrument securing the other Loan Documents, or in any of the Other Indebtedness InstrumentsNote; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, or replat of or consents to the granting of any easement on, all or any part of the Property; or (fe) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documentsthis Mortgage or otherwise of Mortgagor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signercosigner, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default then made or Event of any subsequent default, Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the Grantee, without notice to any person, corporation or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 2 contracts
Samples: Mortgage Deed and Security Agreement (AGU Entertainment Corp.), Third Mortgage Deed and Security Agreement (AGU Entertainment Corp.)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments defaults hereunder shall extend to or shall affect any subsequent or any other defaults then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Mortgage or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsSecured Debt Document; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsObligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement changing the terms of this Mortgage or any other Secured Debt Document subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure DebtMortgage or any other Secured Debt Document or otherwise of Mortgagor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien or security interest of this Deed to Secure Debt Mortgage be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Mortgage or any other Secured Debt Document, (i) in the case of any non-monetary default, Mortgagee may continue to accept payments due hereunder without thereby waiving the existence of such or any other default and (ii) in the case of any monetary Event of Default, Mortgagee may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 2 contracts
Samples: Credit Agreement (Calpine Corp), Rents and Security Agreement (Calpine Corp)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments defaults hereunder shall extend to or shall affect any subsequent or any other defaults then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Deed of Trust or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsSecured Debt Document; (d) releases any part of the Encumbered Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsObligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Secured Debt Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debtof Trust or any other Secured Debt Document or otherwise of Grantor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Encumbered Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Encumbered Property, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Encumbered Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Secured Debt Document, (i) in the case of any non-monetary default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 2 contracts
Samples: Rents and Security Agreement (Calpine Corp), Filing and Security Agreement (Calpine Corp)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Deed of Trust or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsCredit Document; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of or the [LEASED] Premises; (f) consents to the granting of any easement on, all or any part of on the Property[LEASED] Premises; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Credit Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debtof Trust or any other Credit Document or otherwise of Trustor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Credit Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 2 contracts
Samples: Credit Agreement (Calpine Corp), Security Agreement (Calpine Corp)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Lender (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereofof the Indebtedness; (c) waives or does not exercise any right granted herein, in the Note, in this Mortgage or any of instrument securing the other Loan Documents, Note or in any of evidencing the Other Indebtedness InstrumentsIndebtedness; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of Note or evidencing the other Loan Documents or the Other Indebtedness InstrumentsIndebtedness; (e) consents to the filing of any map, plat, plat or replat of or the Realty; (f) consents to the granting of any easement on, all or any part of on the PropertyRealty; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any then, except as otherwise provided by an instrument executed by the Lender, no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documents, this Mortgage or the Other Indebtedness Instruments otherwise of the Grantor Company or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any Guarantor. No such act or omission shall preclude the Grantee Lender from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Lender, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the Grantee, without notice to any person, corporation or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.of
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Besicorp LTD), Escrow Agreement (Besicorp LTD)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Mortgage or any of instrument securing the other Loan Documents, or in any of the Other Indebtedness InstrumentsNote; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any then, except as otherwise provided by an instrument executed by the Mortgagee, no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documents, this Mortgage or the Other Indebtedness Instruments otherwise of the Grantor Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby, except to the extent of releases as described in subparagraph (d) above of this paragraph 3.12. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Acadia Realty Trust), Mortgage and Security Agreement (Acadia Realty Trust)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in any of the other Loan Documents, Documents or in any of the Other Indebtedness Instrumentsthis Mortgage; (d) releases any part of the Property from this Deed to Secure Debt or otherwise changes any of the terms of this Deed to Secure Debt, instrument securing the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any change hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure DebtMortgagor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings under takings hereunder.
Appears in 2 contracts
Samples: Security Agreement (Liberty Technologies Inc), Mortgage and Security Agreement (Med Waste Inc)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness Obligations secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsFinancing Agreements; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsMortgage; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the Obligations of Mortgagor or any other Loan Documents, party liable for payment or the Other Indebtedness Instruments performance of the Grantor or any subsequent purchaser of the Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any Obligations. No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, norEvent of Default nor shall the lien of this Mortgage be altered hereby, except to the extent of releases as otherwise expressly provided described in an instrument or instruments executed by the Grantee shall the provisions Subparagraph (d) above of this Deed to Secure Debt be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the Grantee, without notice to any person, corporation or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunderParagraph 3.12.
Appears in 2 contracts
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted hereinin this Mortgage, in the Note, in any of the other Loan Documents, Intercreditor Agreement or in any of the Other Indebtedness InstrumentsGuarantee and Collateral Agreement; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsGuaranteed Obligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement changing the terms of this Mortgage or the other Senior Secured Documents or the Intercreditor Agreement subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documents, Mortgage or the Other Indebtedness Instruments Guarantee and Collateral Agreement or otherwise of the Grantor Mortgagor, or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Mortgagee from exercising any present or future right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made or of any subsequent defaultexisting, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien or security interest of this Deed to Secure Debt Mortgage be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Mortgage or any other Security Document, (i) in the case of any non-monetary Event of Default, Mortgagee may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Mortgagee may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness Obligations secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in any of the other Loan Documents, or in any of the Other Indebtedness Instruments; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsMortgage; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the Obligations of Borrower or any other Loan Documents, party liable for payment or the Other Indebtedness Instruments performance of the Grantor or any subsequent purchaser of the Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any Obligations. No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, norEvent of Default nor shall the lien of this Mortgage be altered hereby, except to the extent of releases as otherwise expressly provided described in an instrument or instruments executed by the Grantee shall the provisions Subparagraph (d) above of this Deed to Secure Debt be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the Grantee, without notice to any person, corporation or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunderParagraph 3.13.
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary or any Bondholder (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteFirst Mortgage Bonds, in the Indenture, this Deed of Trust, the Loan Agreement, or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsDocument; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents First Mortgage Bonds or the Other Indebtedness InstrumentsLoan; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust, the Loan Agreement, or any Loan Document subordinating the lien or any charge hereof, no such act or omission shall not release, discharge, modify, change, change or affect the original liability under the First Mortgage Bonds, this Deed to Secure Debt, the Note, the of Trust or any other Loan DocumentsDocument or otherwise of Trustor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 4.14. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any Loan Document, (i) in the case of any non-monetary Event of Default (and after the expiration of any applicable cure or grace period), Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Lease Agreement (Showboat Inc)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Deed of Trust or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsDocument; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of or the Premises; (f) consents to the granting of any easement on, all or any part of on the PropertyPremises; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Loan Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the of Trust or any other Loan DocumentsDocument or otherwise of Grantor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Loan Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default. Notwithstanding the foregoing, in the event of a conflict between this Section 3.12 and the Credit Agreement, the terms of the Credit Agreement shall control.
Appears in 1 contract
Samples: Osullivan Industries Inc
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If Beneficiary or a majority of the Grantee Mortgage Notes Holder(s), to the extent applicable under the Mortgage Notes Indenture, (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in the Mortgage Notes Indenture, this Leasehold Deed of Trust, the Disbursement Agreement or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsMortgage Notes Indenture Security Document; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Leasehold Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsNotes; (e) consents to the filing of any map, plat, plat or replat of or the Leased Premises (to the extent such consent is required); (f) consents to the granting of any easement on, all or any part of on the PropertyLeased Premises (to the extent such consent is required); or (fg) makes or consents to any agreement changing the terms of this Leasehold Deed of Trust or any Mortgage Notes Indenture Security Document or other Security Document for the benefit of Beneficiary subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under the Notes, this Leasehold Deed to Secure Debtof Trust or any Mortgage Notes Indenture Security Document or any other Security Document for the benefit of Beneficiary or otherwise of Trustor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Leasehold Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 4.14. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Leasehold Deed of Trust or the Mortgage Notes Indenture Security Documents or any other Security Documents, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Leases and Security Agreement (Grand Canal Shops Mall Construction LLC)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If Beneficiary or a majority of the Grantee Mortgage Note Holder(s), to the extent applicable under the Mortgage Notes Indenture, (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in the Mortgage Notes Indenture, this Deed of Trust, the Funding Agents' Disbursement and Administration Agreement, any of the other Loan Documents, Mortgage Notes Indenture Security Document or in any of the Other Indebtedness Instrumentsother Security Document; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsNotes; (e) consents to the filing of any map, plat, plat or replat of or the Land (to the extent such consent is required); (f) consents to the granting of any easement on, all or any part of on the PropertyLand (to the extent such consent is required); or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any Mortgage Notes Indenture Security Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability of Trustor under the Notes, this Deed to Secure Debtof Trust, the Noteany other Mortgage Notes Indenture Security Document or any other Security Document or otherwise, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 4.14. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust, any Mortgage Notes Indenture Security Document or any other Security Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Leases and Security Agreement (Grand Canal Shops Mall Construction LLC)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in any of the other Loan DocumentsSenior Secured Notes, Indenture, Credit Agreement, Intercreditor Agreement, Mortgage, or in any of the Other other Indebtedness InstrumentsDocument; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsObligations; (e) consents to the filing of any map, plat, plat or replat of or the Site (to the extent such consent is required); (f) consents to the granting of any easement on, all or any part of on the PropertySite (to the extent such consent is required); or (fg) makes or consents to any agreement changing the terms of the Notes, the Senior Secured Notes, this Mortgage, the Credit Agreement, the Indenture or any other Indebtedness Document for the benefit of Mortgagee subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure DebtMortgage, the NoteCredit Agreement, the Indenture or any other Loan DocumentsIndebtedness Document for the benefit of Mortgagee or otherwise of Borrower or Mortgagor, or as the Other Indebtedness Instruments of the Grantor case may be, or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien or security interest of this Deed to Secure Debt Mortgage be altered thereby. , except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 4.15, In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyMortgaged Property not permitted hereby or by the Credit Agreement, the GranteeIndenture, Intercreditor Agreement or any other Indebtedness Document, Mortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Mortgage, the Credit Agreement, the Indenture or any other Indebtedness Documents, (i) in the case of any nonmonetary Event of Default, Mortgagee may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Mortgagee may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Fixture Filing and Security Agreement (Marina District Development Company, LLC)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives waivers or does not exercise any right granted herein, in the Note, in this Mortgage or any of other instrument securing the other Loan Documents, or in any of the Other Indebtedness InstrumentsNote; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documentsthis Mortgage or otherwise of Mortgagor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby. In the event of the then sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or concerning the indebtedness secured corporation, is hereby authorized and empowered to hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Adcare Health Systems, Inc)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Deed of Trust or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsCredit Document; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Credit Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debtof Trust or any other Credit Document or otherwise of Trustor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Credit Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted hereinin this Deed of Trust, in the Note, in any of the other Note Document or any other Loan Documents, or in any of the Other Indebtedness InstrumentsDocument; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of or the Premises; (f) consents to the granting of any easement on, all or any part of on the PropertyPremises; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust, any other Note Document or any other Loan Document, subordinating the lien or any charge hereof, no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debtof Trust, the Note, the any other Note Document or any other Loan DocumentsDocument, or the Other Indebtedness Instruments otherwise of the Grantor Grantor, or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust, any other Note Document or any other Loan Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default. Notwithstanding the foregoing, in the event of a conflict between this Section 3.12 and the terms of the Indenture or the Credit Agreement, the terms of the Indenture shall control so long as any of the BNY Obligations remain outstanding and the terms of the Credit Agreement shall control so long as any of the GECC Obligations remain outstanding; provided further, however, that in the event of a conflict between the terms of the Indenture and the terms of the Credit Agreement, the terms of the Indenture shall control so long as any of the BNY Obligations remain outstanding.
Appears in 1 contract
Samples: Osullivan Industries Inc
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteCredit Agreement, in this Deed of Trust or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsCredit Document; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of or the Premises; (f) consents to the granting of any easement on, all or any part of on the PropertyPremises; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any Credit Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under the Credit Agreement, this Deed to Secure Debtof Trust or any other Credit Document or otherwise of Trustor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any Credit Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default shall extend to or shall affect any subsequent or any other then existing default or shall impair any rights, powers or remedies consequent thereonEvent of Default. If the Grantee (a) Beneficiary grants forbearance or an any extension of time for the payment of any indebtedness secured hereby; (b) Secured Obligations, takes other or additional security for the payment thereof; (c) payments, waives or does not exercise any right granted herein, in the NoteLoan Agreement, in this Deed of Trust or any of the other Loan DocumentsDocument, or in any of the Other Indebtedness Instruments; (d) releases any part of the Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, the Note, of Trust or any of the other Loan Documents or the Other Indebtedness Instruments; (e) Document, consents to the filing of any map, plat, plat or replat of or the land, consents to the granting of any easement onon the land, all or any part of the Property; or (f) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or subordinating the lien or any change of this Deed of Trust, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under the Loan Agreement, this Deed to Secure Debtof Trust or otherwise of Trustor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property or any part thereofmaker, or any makerobligor, co-signer, endorserxxxxxx, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted to Beneficiary or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien of this Deed to Secure Debt of Trust be altered therebyexcept to the extent of any release. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the Grantee, Beneficiary without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured herebySecured Obligations, or with reference to any of the terms or conditions hereof, or of the other Loan Documentsthis Deed of Trust, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the Trustor's liabilities or undertakings hereunderundertakings.
Appears in 1 contract
Samples: Bridge Loan and Debt Restructuring Agreement (Golden Phoenix Minerals Inc)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in this Mortgage or any of other instrument securing the other Loan Documents, or in any of the Other Indebtedness InstrumentsNotes; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsNotes; (e) consents to the filing of any map, plat, plat or replat of or the Mortgaged Property; (f) consents to the granting of any easement on, all or any part of on the Mortgaged Property; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under the Notes, this Deed to Secure DebtMortgage or otherwise of Mortgagor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signercosigner, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 1 contract
Samples: General Housing Inc
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any subsequent or any other Event of Default then existing, or impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness secured herebyof the Secured Indebtedness; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this instrument or any of other instrument securing the other Loan Documents, or in any of the Other Indebtedness InstrumentsNote; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debtinstrument, or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this instrument or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documents, this Mortgage or the Other Indebtedness Instruments otherwise of the Grantor any party liable thereunder or hereunder or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee shall the provisions Event of this Deed to Secure Debt be altered therebyDefault. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured herebySecured Indebtedness, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Certified Diabetic Services Inc)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If Beneficiary or a majority of Noteholders, to the Grantee extent applicable under the Indenture, (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in the Indenture, this Deed of Trust or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsDocument; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsNotes; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Loan Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under the Notes, this Deed to Secure Debt, the Note, the of Trust or any other Loan DocumentsDocument or otherwise of Trustor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 3.15. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Loan Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Fixture Filing and Security Agreement (Riviera Holdings Corp)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, Event of Default under any of the other Loan Documents, or under any of the Other Indebtedness Instruments this Mortgage shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Lender (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured herebyby this Mortgage; (b) takes other or additional security for the payment thereofof such sums; (c) waives or does not exercise any right granted herein, in the Note, in this Mortgage, the Guaranty or any of other instrument securing the other Loan Documents, or in any of the Other Indebtedness InstrumentsNote; (d) releases any part of the Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, map or replat plat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority lien or any charge of this Deed to Secure DebtMortgage, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, this Mortgage, the other Loan DocumentsGuaranty or otherwise of Borrower or Mortgagor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property or any part thereof, of the Property or any maker, co-signercosigner, endorser, surety or guarantor; nor shall any Guarantor. No such act or omission shall preclude the Grantee Lender from exercising any right, power or privilege herein granted in this Mortgage or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Lender, shall the provisions lien of this Deed to Secure Debt Mortgage be altered therebyby such act or omission. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the GranteeLender, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured herebyby this Mortgage, or with reference to any of the terms or conditions hereof, or of the other Loan Documentsthis Mortgage, as fully and to the same extent as it might deal with the original parties hereto to this Mortgage and without in any way releasing or discharging any of the liabilities or undertakings hereunderunder this Mortgage.
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in the Credit Agreement, this Deed of Trust, or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsDocument; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsNotes; (e) consents to the filing of any map, plat, plat or replat of or the Site (to the extent such consent is required); (f) consents to the granting of any easement on, all or any part of on the PropertySite (to the extent such consent is required); or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust, the Credit Agreement or any other Loan Document for the benefit of Beneficiary subordinating the lien or any charge hereof, no such act or omission shall not release, discharge, modify, change, change or affect the original liability under the Notes, this Deed to Secure Debtof Trust, the Note, the Credit Agreement or any other Loan DocumentsDocument for the benefit of Beneficiary or otherwise of Trustor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted ranted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 4.14. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust, the Credit Agreement or any other Loan Documents, (i) in the case of any nonmonetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Fixture Filing and Security Agreement (Aladdin Capital Corp)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee or any Bondholder (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes b)takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteASCI Guaranty, in this Leasehold Mortgage or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsDocument; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Leasehold Mortgage or any other instrument securing the Promissory Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Leasehold Mortgage or any Loan Document subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any then no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Promissory Note, the this Leasehold Mortgage, any other Loan DocumentsDocument or otherwise of Mortgagor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien or security interest of this Deed to Secure Debt Leasehold Mortgage be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 4.14. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Leasehold Mortgage or any Loan Document, (i) in the case of any non-monetary Event of Default and the expiration of any applicable cure or grace period, Mortgagee may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Mortgagee may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Lease Agreement (Showboat Inc)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Mortgage or any of other instrument securing the other Loan Documents, or in any of the Other Indebtedness InstrumentsNote; (d) releases any part of the Mortgaged Property from the lien of this Deed to Secure Debt Mortgage or otherwise changes any of the terms of this Deed to Secure Debt, the Note, this Mortgage or any of other instrument securing the other Loan Documents or the Other Indebtedness InstrumentsNote; (e) consents to the filing of any map, plat, plat or replat of or Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documentsthis Mortgage or otherwise of Mortgagor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any makermake, co-signersign er, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.undertakings
Appears in 1 contract
Samples: Mortgage and Security Agreement (Sun Hydraulics Inc)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments defaults hereunder shall extend to or shall affect any subsequent or any other defaults then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Deed of Trust or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsSecured Debt Document; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsObligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Secured Debt Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debtof Trust or any other Secured Debt Document or otherwise of Trustor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness Obligations secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Secured Debt Document, (i) in the case of any non-monetary default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Rents and Security Agreement and Fixture Filing (Calpine Corp)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Secured Party (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in this Instrument or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsCollateral Document; (d) releases any part of the Property Collateral from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Instrument or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsNotes; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Instrument or any other Collateral Document subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under the Notes, this Deed to Secure DebtInstrument or otherwise of Debtor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Collateral or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Secured Party from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Secured Party, shall the provisions lien or security interest of this Deed to Secure Debt Instrument be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 7.14. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyCollateral, the GranteeSecured Party, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Collateral or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder., or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding any thing to the contrary contained in this Instrument or any Collateral Document, (i) in the case of any non-monetary Event of Default, Secured Party may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Secured Party may
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If Mortgagee, the Grantee Administrative Agent or the required percentage of the Lenders (as determined pursuant to the Credit Agreement), to the extent applicable under the Credit Agreement, (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in the Credit Agreement, this Mortgage, or any of the other Loan Documents, or in Document (including any of the Other Indebtedness Instrumentssecurity document); (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsObligations; (e) consents to the filing of any map, plat, plat or replat of or the Site (to the extent such consent is required); (f) consents to the granting of any easement on, all or any part of on the PropertySite (to the extent such consent is required); or (fg) makes or consents to any agreement changing the terms of this Mortgage or any other Loan Document subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability of Mortgagor under the Notes, this Deed to Secure DebtMortgage, the Note, the Credit Agreement or any other Loan DocumentsDocument (including any security document) or otherwise, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any guarantor (in each case, other than to the extent of the forbearance, extension, waiver, release or consent, if any, as applicable). No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nornor shall the lien or security interest of this Mortgage be altered thereby, except except, with respect to the latter, (1) to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 4.16, or (2) as otherwise expressly provided in an instrument or instruments executed by the Grantee shall the provisions of this Deed to Secure Debt be altered therebyMortgagee. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any personPerson, corporation or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder., or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Mortgage or any other Loan Document (including any security document), (1) in the case of any non-monetary Event of Default, Mortgagee and the other Secured Parties may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event
Appears in 1 contract
Samples: Allegiant Travel CO
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments defaults hereunder shall extend to or shall affect any subsequent or any other defaults then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Security Deed or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsSecured Debt Document; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Security Deed to Secure Debt, or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsObligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement changing the terms of this Security Deed or any other Secured Debt Document subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Security Deed to Secure Debtor any other Secured Debt Document or otherwise of Grantor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Grantee, shall the provisions lien or security interest of this Security Deed to Secure Debt be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the Grantee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Security Deed or any other Secured Debt Document, (i) in the case of any non-monetary default, Grantee may continue to accept payments due hereunder without thereby waiving the existence of such or any other default and (ii) in the case of any monetary Event of Default, Grantee may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, Event of Default under any this Deed of the other Loan Documents, or under any of the Other Indebtedness Instruments Trust shall extend to or shall affect any subsequent or any other then existing default or shall impair any rights, powers or remedies consequent thereonEvent of Default. If the Grantee (a) Beneficiary grants forbearance or an any extension of time for the payment of any indebtedness secured hereby; (b) sums, takes other or additional security for the payment thereof; (c) payments, waives or does not exercise any right granted herein, in the Note, in any other Transaction Document or this Deed of the other Loan DocumentsTrust, or in any of the Other Indebtedness Instruments; (d) releases any part of the Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debtof Trust or any other DO NOT MARK, PRINT, SIGN OR TYPE OUTSIDE THE LINED MARGIN instrument securing the NoteNote or any other Transaction Document, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, plat or replat of or the land, consents to the granting of any easement onon the land, all or any part of the Property; or (f) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or subordinating the lien or any change of this Deed of Trust, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the this Deed of Trust or any other Loan DocumentsTransaction Document, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property or any part thereofmaker, or any makerobligor, co-signer, endorserxxxxxx, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted to Beneficiary or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien of this Deed to Secure Debt of Trust be altered therebyexcept to the extent of any release. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Property, the Grantee, Beneficiary without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property or the indebtedness secured herebyindebtedness, or with reference to any of the terms or conditions hereof, or of the other Loan Documentsthis Deed of Trust, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the Trustor's liabilities or undertakings hereunderundertakings.
Appears in 1 contract
Samples: Timberline Resources Corp
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Deed of Trust or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsFinancing Document; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Financing Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debtof Trust or any other Financing Document or otherwise of Trustor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Financing Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Term Power Purchase Agreement (Ormat Technologies, Inc.)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Mortgage or any of other instrument securing the other Loan Documents, or in any of the Other Indebtedness InstrumentsNote; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, plat or replat of or the Land; (f) consents to the granting of any easement on, all or any part of on the PropertyLand; or (fg) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documentsthis Mortgage or otherwise of Mortgagor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signercosigner, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent default, Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any personPerson, corporation or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted hereinin this Mortgage, in the Note, in any of the other Loan Documents, Intercreditor Agreement or in any of the Other Indebtedness InstrumentsGuarantee and Collateral Agreement; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsGuaranteed Obligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement changing the terms of this Mortgage or the other Senior Secured Documents or the Intercreditor Agreement subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documents, Mortgage or the Other Indebtedness Instruments Guarantee and Collateral Agreement or otherwise of the Grantor Mortgagor, or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made or of any subsequent defaultexisting, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien or security interest of this Deed to Secure Debt Mortgage be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Mortgage or any other Security Document, (i) in the case of any non-monetary Event of Default, Mortgagee may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Mortgagee may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If Beneficiary or the Grantee required percentage of the Second Mortgage Note Holders (as determined pursuant to the Mortgage Notes Indenture), to the extent applicable under the Mortgage Notes Indenture, (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the NoteNotes, in the Mortgage Notes Indenture, this Deed of Trust, the Disbursement Agreement or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsIndenture Document; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsObligations; (e) consents to the filing of any map, plat, plat or replat of or the Site (to the extent such consent is required); (f) consents to the granting of any easement on, all or any part of on the PropertySite (to the extent such consent is required); or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Indenture Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability of Trustor under this Deed to Secure Debtthe Mortgage Notes Indenture or any other Indenture Document or otherwise, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 4.14. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Indenture Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments secured hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums secured hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
Samples: Wynn Las Vegas LLC
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments shall extend to or shall affect any subsequent or any other then existing default or shall impair any rights, powers or remedies consequent thereon. If the Grantee Lender (a) grants forbearance or an extension of time for the payment of any indebtedness secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in any of the other Loan Documents, or in any of the Other Indebtedness Instruments; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt Mortgage or otherwise changes any of the terms of this Deed to Secure DebtMortgage, the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, or replat of or consents to the granting of any easement on, all or any part of the Mortgaged Property; or (f) makes or consents to any agreement subordinating the priority of this Deed to Secure DebtMortgage, any such act or omission shall not release, discharge, modify, change, or affect the original liability under this Deed to Secure DebtMortgage, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor Borrower or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Grantee Lender from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Lender shall the provisions of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by the operation of law or otherwise of all or any part of the Mortgaged Property, the Grantee, Lender without notice to any person, corporation or other entity (except notice shall be given to Grantor Borrower and Mortgagor so long as Grantor Borrower and Mortgagor remains liable under the Note, this Deed to Secure Debt Mortgage or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Ark Restaurants Corp)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments hereunder shall extend to or shall affect any subsequent or any other then existing default or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; , (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, herein or in the Note, in any of the other Loan Documents, or in any of the Other Indebtedness Instruments; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the Note or otherwise changes any of the terms of this Deed to Secure Debt, the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsMortgage; (e) consents to the filing of any map, plat, plat or replat of or thereof, (f) consents to the granting of any easement onthereon, all or any part of the Property; or (fg) makes or consents to any agreement subordinating the priority of this Deed to Secure Debtlien hereof, any such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documents, Note or the Other Indebtedness Instruments otherwise of the Grantor Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default, default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any personperson or corporation, corporation or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Enclaves Group Inc)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any of the other Loan Documents, or under any of the Other Indebtedness Instruments Actionable Default hereunder shall extend to or shall affect any subsequent or any other Actionable Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted hereinin this Mortgage, in the Note, in any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsCollateral Trust Agreement; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of the Real Property or any part thereof; (f) consents to the granting of any easement on, all or any part of on the Real Property; or (fg) makes or consents to any agreement changing the terms of this Mortgage or the other Secured Debt Documents or the Collateral Trust Agreement subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure DebtMortgage or otherwise of Mortgagor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Actionable Default then made existing or of any subsequent defaultActionable Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien or security interest of this Deed to Secure Debt Mortgage be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Actionable Default as provided herein. Notwithstanding anything to the contrary contained in this Mortgage or any other Security Document, (i) in the case of any non-monetary Actionable Default, Mortgagee may continue to accept payments due hereunder without thereby waiving the existence of such or any other Actionable Default and (ii) in the case of any monetary Actionable Default, Mortgagee may accept partial payments of any sums due hereunder without thereby waiving the existence of such Actionable Default if the partial payment is not sufficient to completely cure such Actionable Default.
Appears in 1 contract
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Beneficiary (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Deed of Trust or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsNote Document; (d) releases any part of the Property Trust Estate from this Deed to Secure Debt the lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, of Trust or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of or the Premises; (f) consents to the granting of any easement on, all or any part of on the PropertyPremises; or (fg) makes or consents to any agreement subordinating changing the priority terms of this Deed to Secure Debtof Trust or any other Note Document subordinating the lien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debtof Trust or any other Note Document or otherwise of Grantor, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Property Trust Estate or any part thereof, thereof or any maker, co-signer, endorser, surety or guarantor; nor shall guarantor with respect to any other matters not addressed by such act or omission. No such act or omission shall preclude the Grantee Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultCompany Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Beneficiary, shall the provisions lien or security interest of this Deed to Secure Debt of Trust be altered thereby, except to the extent expressly provided in such acts or omissions. In the event of the sale or transfer by operation of law or otherwise of all or any part of the PropertyTrust Estate, the GranteeBeneficiary, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Property Trust Estate or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Deed of Trust or any other Note Document, (i) in the case of any non-monetary Event of Default, Beneficiary may continue to accept payments due hereunder without thereby waiving the existence of such or any other Event of Default and (ii) in the case of any monetary Event of Default, Beneficiary may accept partial payments of any sums due hereunder without thereby waiving the existence of such Event of Default if the partial payment is not sufficient to completely cure such Event of Default. Notwithstanding the foregoing, in the event of a conflict between this Section 3.12 and the Indenture, the terms of the Indenture shall control.
Appears in 1 contract
Samples: Osullivan Industries Inc
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If the Grantee Mortgagee (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives waivers or does not exercise any right granted herein, in the Note, in the Loan Agreement, this Mortgage or any of other instrument securing the other Loan Documents, or in any of the Other Indebtedness InstrumentsNote; (d) releases any part of the Mortgaged Property from this Deed to Secure Debt or otherwise changes any of the terms lien of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness Instruments; (e) consents to the filing of any map, plat, plat or replat of or consents to the granting of any easement on, all or any part of the PropertyLand; or (f) makes or consents to any agreement changing the terms of this Mortgage or subordinating the priority of this Deed to Secure Debtlien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability under this Deed to Secure Debt, the Note, the other Loan Documentsthis Mortgage or otherwise of Mortgagor, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-signercosigner, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultsubsequent, Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions lien of this Deed to Secure Debt Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the Granteeunless Mortgagee is paid in full hereunder, Mortgagee, without notice to any person, corporation firm or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Notecorporation, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
Appears in 1 contract
Samples: Assignment and Security Agreement (Sea Pines Associates Inc)
No Waiver of One Default to Affect Another. No waiver of any default hereunder, under any Event of the other Loan Documents, or under any of the Other Indebtedness Instruments Default hereunder shall extend to or shall affect any subsequent or any other Event of Default then existing default existing, or shall impair any rights, powers or remedies consequent thereon. If Mortgagee or the Grantee Required Lenders, to the extent applicable under the Credit Agreement, (a) grants forbearance or an extension of time for the payment of any indebtedness sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein, in the Note, in this Mortgage or any of the other Loan Documents, or in any of the Other Indebtedness InstrumentsDocument; (d) releases any part of the Revel AC - 2011 First Lien Mortgage Mortgaged Property from this Deed to Secure Debt the Lien or otherwise changes any of the terms security interest of this Deed to Secure Debt, Mortgage or any other instrument securing the Note, any of the other Loan Documents or the Other Indebtedness InstrumentsSecured Obligations; (e) consents to the filing of any map, plat, plat or replat of or the Site (to the extent such consent is required); (f) consents to the granting of any easement on, all or any part of on the PropertySite (to the extent such consent is required); or (fg) makes or consents to any agreement changing the terms of this Mortgage or any other Loan Document subordinating the priority of this Deed to Secure DebtLien or any charge hereof, any no such act or omission shall not release, discharge, modify, change, change or affect the original liability of Mortgagor under this Deed to Secure Debtthe Loan Documents or otherwise, the Note, the other Loan Documents, or the Other Indebtedness Instruments of the Grantor or any subsequent purchaser of the Mortgaged Property or any part thereof, thereof or any maker, co-co signer, endorser, surety or guarantor; nor shall any . No such act or omission shall preclude the Grantee Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event case of any other default Event of Default then made existing or of any subsequent defaultEvent of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Grantee Mortgagee, shall the provisions Lien or security interest of this Deed to Secure Debt Mortgage be altered thereby, except to the extent expressly provided in any releases, maps, easements or subordinations described in clause (d), (e), (f) or (g) above of this Section 7(N). In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the GranteeMortgagee, without notice to any person, corporation or other entity (except notice shall be given to Grantor so long as Grantor remains liable under the Note, this Deed to Secure Debt or any of the other Loan Documents) is hereby is authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured herebySecured Obligations, or with reference to any of the terms or conditions hereof, or of the other Loan Documents, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, or waiving its right to declare such sale or transfer an Event of Default as provided herein. Notwithstanding anything to the contrary contained in this Mortgage or any other Loan Document, (i) in the case of any non monetary Event of Default, Mortgagee may continue to accept payments secured hereunder without thereby waiving the existence of such or any other Event of Default; and (ii) in the case of any monetary Event of Default, Mortgagee may accept partial payments of any sums due hereunder without thereby waiving the existence of such or any other Event of Default if the partial payment is not sufficient to completely cure such Event of Default.
Appears in 1 contract
