Common use of No Waiver or Release Clause in Contracts

No Waiver or Release. Lender may resort, or require Trustee to resort, to any remedies and the security given by the Loan Documents, in whole or in part, and in such portions and in such order as determined in Lender's sole discretion. No such action shall in any way be considered a waiver of any rights, benefits or remedies evidenced or provided by the Loan Documents. The failure of Lender or Trustee to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation secured by the Loan Documents. No acceptance by Lender or Trustee of any payment after the occurrence of an Event of Default and no payment by Lender or Trustee of any Advance or obligation for which Borrower is liable hereunder shall be deemed to waive or cure such Event of Default or Borrower's liability to pay such obligation. No sale of all or any portion of the Mortgaged Property, no forbearance on the part of Lender or Trustee, and no extension of time for the payment of the whole or any portion of the Indebtedness or any other indulgence given by Lender or Trustee to Borrower or any other person or entity, shall operate to release or in any manner affect Lender's or Trustee's interest in the Mortgaged Property or the liability of Borrower to pay the Indebtedness, except to the extent that such liability shall be reduced by Proceeds of the sale of all or any portion of the Mortgaged Property received by Lender. No waiver by Lender or Trustee shall be effective unless it is in writing and then only to the extent specifically stated.

No Waiver or Release. Lender may resortresort to, or require Trustee to resortresort to, to any remedies and the security given by the Loan Documents, in whole or in part, and in such portions and in such order as determined in Lender's Xxxxxx’s sole discretion. No such action shall in any way be considered a waiver of any rights, benefits or remedies evidenced or provided by the Loan Documents. The failure of Lender or Trustee to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation secured by the Loan Documents. No acceptance by Lender or Trustee of any payment after the occurrence and during the continuance of an Event of Default and no payment by Lender or Trustee of any Advance or obligation for which Borrower is liable hereunder shall be deemed to waive or cure such Event of Default or Borrower's ’s liability to pay such obligation. No sale of all or any portion of the Mortgaged Property, no forbearance on the part of Lender or Trustee, and no extension of time for the payment of the whole or any portion of the Indebtedness or any other indulgence given by Lender or Trustee to Borrower or any other person or entityPerson, shall operate to release or in any manner affect Lender's ’s or Trustee's ’s interest in the Mortgaged Property or the liability of Borrower to pay the Indebtedness, except to the extent that such liability shall be reduced by Proceeds proceeds of the sale of all or any portion of the Mortgaged Property received by Lender. No waiver by Lender or Trustee shall be effective unless it is in a writing executed by Xxxxxx and then only to the extent specifically statedstated therein.

No Waiver or Release. Lender Mortgagee may resort, or require Trustee to resort, resort to any remedies and the security given by the Loan Documents, in whole or in part, and in such portions and in such order as determined in Lender's Mortgagee’s sole discretion. No such action shall in any way be considered a waiver of any rights, benefits or remedies evidenced or provided by the Loan Documents. The failure of Lender or Trustee Mortgagee to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation secured by the Loan Documents. No acceptance by Lender or Trustee Mortgagee of any payment after the occurrence of an Event of Default and no payment by Lender or Trustee Mortgagee of any Advance or obligation for which Borrower Mortgagor is liable hereunder shall be deemed to waive or cure such any Event of Default with respect to Mortgagor, or Borrower's Mortgagor’s liability to pay such obligation. No sale of all or any portion of the Mortgaged Property, no forbearance on the part of Lender or TrusteeMortgagee, and no extension of time for the payment of the whole or any portion of the Indebtedness Obligations or any other indulgence given by Lender or Trustee Mortgagee to Borrower Mortgagor or any other person or entityPerson, shall operate to release or in any manner affect Lender's or Trustee's the interest of Mortgagee in any remaining portion of the Mortgaged Property or the liability of Borrower Mortgagor to pay and perform the IndebtednessObligations, except to the extent that such liability shall be reduced by Proceeds of the sale of all or net proceeds actually received by Mortgagee with respect to any portion of the Mortgaged Property received by LenderProperty. No waiver by Lender or Trustee Mortgagee shall be effective unless it is in writing and then only to the extent specifically stated.

No Waiver or Release. Lender may resort, or require Trustee to resort, resort to any remedies and the -------------------- security given by the Loan Documents, in whole or in part, and in such portions and in such order as determined in Lender's sole discretion. No such action shall in any way be considered a waiver of any rights, benefits or remedies evidenced or provided by the Loan Documents. The failure of Lender or Trustee to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation secured by the Loan Documents. No acceptance by Lender or Trustee of any payment after the occurrence of an Event of Default and no payment by Lender or Trustee of any Advance or obligation for which Borrower Owner is liable hereunder shall be deemed to waive or cure such any Event of Default Default, or BorrowerOwner's liability to pay such obligation. No sale of all or any portion of the Mortgaged Property, no forbearance on the part of Lender or TrusteeLender, and no extension of time for the payment of the whole or any portion of the Indebtedness or any other indulgence given by Lender or Trustee to Borrower Owner or any other person or entityPerson, shall operate to release or in any manner affect Lender's or Trustee's the interest of Lender in the remaining Mortgaged Property or the liability of Borrower Owner to pay the Indebtedness, except to the extent that such liability shall be reduced by Proceeds of the sale of all or any portion of the Mortgaged Property received by Lender. No waiver by Lender or Trustee shall be effective unless it is in writing and then only to the extent specifically stated.

No Waiver or Release. Lender may resortRegardless of Landlord's consent, no subletting or require Trustee assignment shall release Tenant of Tenant's obligation or alter the primary liability of Tenant to resort, pay the rental and to any remedies and the security given perform all other obligations to be performed by the Loan Documents, in whole or in partTenant hereunder, and in such portions no sublease or assignment shall release Guarantor of Guarantor's obligation under the Guaranty or alter the liability of Guarantor as surety under the Guaranty to pay the rental and in such order as determined in Lender's sole discretion. No such action shall in any way to perform all other obligations to be considered a waiver of any rights, benefits or remedies evidenced or provided performed by the Loan DocumentsTenant hereunder. The failure acceptance of Lender or Trustee to exercise rent by Landlord from any right, remedy or option provided in the Loan Documents other person shall not be deemed to be a waiver of such right, remedy or option or by Landlord of any covenant provision hereof. Consent to one assignment or obligation secured by the Loan Documents. No acceptance by Lender or Trustee of any payment after the occurrence of an Event of Default and no payment by Lender or Trustee of any Advance or obligation for which Borrower is liable hereunder subletting shall not be deemed consent to waive any subsequent assignment or cure such Event subletting. In the event of Default default by any assignee or Borrower's liability to pay such obligation. No sale subtenant of all or any portion of the Mortgaged PropertyTenant, no forbearance on the part of Lender or Trustee, and no extension of time for the payment of the whole or any portion of the Indebtedness or any other indulgence given by Lender or Trustee to Borrower successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant, Guarantor or any other person or entityentity liable for any obligations under this Lease without the necessity of exhausting remedies against such assignee, shall operate subtenant or other successor. Landlord may consent to release subsequent assignment or in any manner affect Lender's subletting of this Lease or Trustee's interest in the Mortgaged Property amendments or the liability modifications to this Lease with assignees of Borrower to pay the IndebtednessTenant, except to the extent that such liability shall be reduced by Proceeds of the sale of all without notifying Tenant, or any portion successor of Tenant, and without obtaining its or their consent thereto, and such action shall not relieve Tenant of liability under this Lease or relieve Guarantor of liability under the Mortgaged Property received by Lender. No waiver by Lender or Trustee shall be effective unless it is in writing and then only to the extent specifically statedGuaranty.

No Waiver or Release. Lender Beneficiary may resort, or require Trustee to resort, resort to any remedies and the security given by the Loan Documents, in whole or in part, and in such portions and in such order as determined in LenderBeneficiary's sole discretion. No such action shall in any way be considered a waiver of any rights, benefits or remedies evidenced or provided by the Loan Documents. The failure of Lender or Trustee Beneficiary to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation secured by the Loan Documents. No acceptance by Lender or Trustee Beneficiary of any payment after the occurrence of an Event of Default and no payment by Lender or Trustee Beneficiary of any Advance or obligation for which Borrower Grantor is liable hereunder shall be deemed to waive or cure such any Event of Default with respect to Grantor, or BorrowerGrantor's liability to pay such obligation. No sale of all or any portion of the Mortgaged Property, no forbearance on the part of Lender or TrusteeBeneficiary, and no extension of time for the payment of the whole or any portion of the Indebtedness Obligations or any other indulgence given by Lender or Trustee Beneficiary to Borrower Grantor or any other person or entityPerson, shall operate to release or in any manner affect Lender's the interest of Trustee or Trustee's interest Beneficiary in any remaining portion of the Mortgaged Property or the liability of Borrower Grantor to pay and perform the IndebtednessObligations, except to the extent that such liability shall be reduced by Proceeds of the sale of all or net proceeds actually received by Beneficiary with respect to any portion of the Mortgaged Property received by LenderProperty. No waiver by Lender or Trustee Beneficiary shall be effective unless it is in writing and then only to the extent specifically stated.

No Waiver or Release.  No delay or omission on the part of Lender may resort, in exercising any right hereunder or require Trustee to resort, to any remedies and the security given by under the Loan Documents, in whole Documents shall operate as a waiver of such right or in partof any other right, and in such portions and in such order as determined in Lender's sole discretion. No such action shall in any way be considered a waiver of any rights, benefits or remedies evidenced or provided by the Loan Documents. The failure of Lender or Trustee to exercise such right on any right, remedy or option provided in the Loan Documents one occasion shall not be deemed construed as a bar to or a waiver of any such right, remedy or option or of right on any covenant or obligation secured by the Loan Documents. No acceptance by Lender or Trustee of any payment after the occurrence of an Event of Default and no payment by Lender or Trustee of any Advance or obligation for which Borrower is liable hereunder shall be deemed to waive or cure such Event of Default or Borrower's liability to pay such obligationother occasion. No sale of all or any portion of the Mortgaged Property, no forbearance on the part of Lender Lender, no release or Trusteepartial release of any of the Mortgaged Property, and no extension extension, whether oral or in writing, of the time for the payment of the whole or any portion part of the Indebtedness Obligations or any other indulgence given by Lender or Trustee to Borrower or any other person or entity, shall operate to release or in any manner affect Lender's or Trustee's interest in the Mortgaged Property lien of the Mortgage or the liability of Borrower Borrower, notice of any such extensions or indulgences being hereby waived by Borrower. Acceptance by the Lender of any payment in an amount less than the amount then due on the Obligations secured hereby shall be deemed an acceptance on account only and the failure to pay the Indebtednessentire amount then due shall be and continue to be an Event of Default; at any time thereafter and until the entire amount then due on the Obligations secured hereby has been paid, except the Lender shall be entitled to exercise all rights conferred upon it in this Mortgage upon the occurrence and during the continuance of an Event of Default. The exercise of any option in this Mortgage by the Lender shall not be deemed a waiver of its rights to exercise any other option; and the filing of a suit for collection of the Notes and foreclosure of this Mortgage or for any other default hereunder shall not preclude sale pursuant to the extent that such liability power of sale contained in this Mortgage after a dismissal of the suit. No provision hereof shall be reduced deemed to release Xxxxxxxx's obligation to pay the Obligations secured hereby until such time as all thereof have been paid to the Lender in full. If foreclosure should be commenced by Proceeds of the Lender, at any time before the sale of all the Mortgaged Property, the Lender may abandon such sale and may at any time or times thereafter again commence such sale, or the Lender may sue for collection of the Notes and foreclosure of this Mortgage; if the Lender should sue for such collection and/or foreclosure, it may at any portion time before entry of final judgment dismiss the suit and sell the Mortgaged Property received by Lender. No waiver by Lender or Trustee shall be effective unless it is in writing and then only pursuant to the extent specifically stated.power of sale contained herein. 

No Waiver or Release. Lender may resortresort to, or require Trustee to resortresort to, to any remedies and the security given by the Loan Documents, in whole or in part, and in such portions and in such order as determined in Lender's ’s sole discretion. No such action shall in any way be considered a waiver of any rights, benefits or remedies evidenced or provided by the Loan Documents. The failure of Lender or Trustee to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation secured by the Loan Documents. No acceptance by Lender or Trustee of any payment after the occurrence of an Event of Default and no payment by Lender or Trustee of any Advance or obligation for which Borrower is liable hereunder shall be deemed to waive or cure such Event of Default or Borrower's ’s liability to pay such obligation. No sale of all or any portion of the Mortgaged Property, no forbearance on the part of Lender or Trustee, and no extension of time for the payment of the whole or any portion of the Indebtedness or any other indulgence given by Lender or Trustee to Borrower or any other person or entityPerson, shall operate to release or in any manner affect Lender's ’s or Trustee's ’s interest in the Mortgaged Property or the liability of Borrower to pay the Indebtedness, except to the extent that such liability shall be reduced by Proceeds of the sale of all or any portion of the Mortgaged Property received by Lender. No waiver by Lender or Trustee shall be effective unless it is in writing and then only to the extent specifically stated.