Common use of OTHER RIGHTS, ETC Clause in Contracts

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Mortgage. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage or the other Loan Documents.

Appears in 8 contracts

Samples: Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.), Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.), Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.)

AutoNDA by SimpleDocs

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageDeed of Trust. Borrower shall not be relieved of Borrower’s 's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or any guarantor Guarantor or indemnitor Indemnifying Person with respect to the Loan to take any action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Deed of Trust or the other Loan Documents.

Appears in 5 contracts

Samples: Trust and Security Agreement (Behringer Harvard Reit I Inc), Trust and Security Agreement (Behringer Harvard Reit I Inc), Trust and Security Agreement (Behringer Harvard Reit I Inc)

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Mortgage. Borrower shall not be relieved of Borrower’s 's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage or the other Loan Documents.

Appears in 4 contracts

Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Rents and Security Agreement (Glimcher Realty Trust), Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)

OTHER RIGHTS, ETC. (a) The failure of Lender or Trustee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Borrower shall not be relieved of Borrower’s 's obligations hereunder by reason of (i) the failure of Lender or Trustee to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 4 contracts

Samples: Electro Scientific Industries Inc, Trust and Security Agreement (Glimcher Realty Trust), Trust and Security Agreement (Glimcher Realty Trust)

OTHER RIGHTS, ETC. (a) The failure of Lender or Trustee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender or Trustee to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 3 contracts

Samples: Security Agreement and Fixture Filing (Moody National REIT I, Inc.), Medalist Diversified REIT, Inc., Medalist Diversified REIT, Inc.

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Mortgage. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or any Other Borrower or any guarantor or any indemnitor with respect to the Loan to take any action to foreclose this Mortgage or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage or the other Loan Documents.

Appears in 3 contracts

Samples: Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Security Agreement (Inland Real Estate Income Trust, Inc.)

OTHER RIGHTS, ETC. (a) The failure of Lender or Trustee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender or Trustee to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 2 contracts

Samples: Fixture Filing and Security Agreement (Taubman Centers Inc), Security Agreement (Koger Equity Inc)

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Mortgage. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or any guarantor or any indemnitor with respect to the Loan to take any action to foreclose this Mortgage or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage or the other Loan Documents.

Appears in 2 contracts

Samples: Security Agreement and Fixture (Moody National REIT I, Inc.), Security Agreement (Inland Diversified Real Estate Trust, Inc.)

OTHER RIGHTS, ETC. (a) The failure of Lender or Trustee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender or Trustee to comply with any request of Borrower or any Other Borrower or any guarantor or any indemnitor with respect to the Loan to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 2 contracts

Samples: Security Agreement (Inland Real Estate Income Trust, Inc.), Security Agreement (Inland Real Estate Income Trust, Inc.)

OTHER RIGHTS, ETC. (a) The failure of Lender or Trustee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageDeed of Trust. Borrower shall not be relieved of Borrower’s 's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt Obligations or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Deed of Trust or the other Loan Documents.

Appears in 2 contracts

Samples: Rents and Security Agreement (Lodging Fund REIT III, Inc.), Security Agreement (Lodging Fund REIT III, Inc.)

OTHER RIGHTS, ETC. (a) The failure of Lender Beneficiary to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageDeed of Trust. Borrower Trustor shall not be relieved of BorrowerTrustor’s obligations hereunder by reason of (i) the failure of Lender Beneficiary to comply with any request of Borrower Trustor or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt Obligations or any portion thereof, or (iii) any agreement or stipulation by Lender Beneficiary extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Deed of Trust or the other Loan Documents.

Appears in 2 contracts

Samples: Security Agreement (Terra Tech Corp.), Security Agreement (Terra Tech Corp.)

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Mortgage. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt Obligations or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage or the other Loan Documents.

Appears in 2 contracts

Samples: www.sec.gov, TNP Strategic Retail Trust, Inc.

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Borrower shall not be relieved of Borrower’s 's obligations hereunder by reason of (i) the failure of Lender or Trustee to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 1 contract

Samples: Trust and Security Agreement (Glimcher Realty Trust)

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Mortgage. Borrower Mortgagor shall not be relieved of BorrowerMortgagor’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower Mortgagor or any guarantor Guarantor or indemnitor any Indemnifying Person with respect to the Loan to take any action to foreclose this Mortgage or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage or the other Loan Documents.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (BRE Select Hotels Corp)

OTHER RIGHTS, ETC. (a) The failure of Lender or Trustee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageDeed of Trust. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender or Trustee to comply with any request of Borrower or any guarantor or any indemnitor with respect to the Loan to take any action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Deed of Trust or the other Loan Documents.

Appears in 1 contract

Samples: And Security Agreement (TNP Strategic Retail Trust, Inc.)

OTHER RIGHTS, ETC. (a) The failure of Lender or Trustee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Neither Borrower shall not be relieved of Borrower’s its obligations hereunder by reason of (i) the failure of Lender or Trustee to comply with any request of any Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 1 contract

Samples: Trust and Security Agreement (Ventas Inc)

AutoNDA by SimpleDocs

OTHER RIGHTS, ETC. (a) The failure of Lender or Trustee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageDeed of Trust. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender or Trustee to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt Obligations or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Deed of Trust or the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower Borrower, Guarantor, or any other guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Talon Real Estate Holding Corp.)

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Borrower shall not be relieved of Borrower’s 's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or any guarantor or any indemnitor with respect to the Loan or to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, thereof or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageAgreement. Borrower shall not be relieved of any of Borrower’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or Property Owner, Borrower, any guarantor or indemnitor with respect to the Loan Pledgor to take any action to foreclose this Mortgage Agreement, any pledged interests or other Collateral or to otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the PropertyCollateral, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Agreement, or the other Loan Documents.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

OTHER RIGHTS, ETC. (a) The failure of Lender Agent to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Mortgage. Borrower Mortgagor shall not be relieved of BorrowerMortgagor’s obligations hereunder by reason of (i) the failure of Lender Agent to comply with any request of Borrower Mortgagor or any guarantor or indemnitor with respect to the Loan Loans to take any action to foreclose this Mortgage or otherwise enforce any of the provisions hereof or of the Note Credit Agreement or the other Loan Credit Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt Obligations or any portion thereof, or (iii) any agreement or stipulation by Lender Agent extending the time of payment or otherwise modifying or supplementing the terms of the NoteCredit Agreement, this Mortgage or the other Loan Credit Documents.

Appears in 1 contract

Samples: Patent Security Agreement (BlueLinx Holdings Inc.)

OTHER RIGHTS, ETC. (a) The failure of Agent or Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Agent or Lender to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt Obligations or any portion thereof, or (iii) any agreement or stipulation by Agent or Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Allegiant Travel CO)

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Mortgage. Borrower shall not be relieved of Borrower’s 's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower or any guarantor Guarantor or indemnitor Indemnifying Person with respect to the Loan to take any action to foreclose this Mortgage or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage or the other Loan Documents.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Behringer Harvard Reit I Inc)

OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageSecurity Instrument. Borrower shall not be relieved of Borrower’s obligations hereunder by reason of (i) the failure of Lender or Trustee to comply with any request of Borrower or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Security Instrument or the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Brookfield DTLA Fund Office Trust Investor Inc.)

OTHER RIGHTS, ETC. (a) The failure of Lender Grantee to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageDeed to Secure Debt. Borrower Grantor shall not be relieved of BorrowerGrantor’s obligations hereunder by reason of (i) the failure of Lender Grantee to comply with any request of Borrower Grantor or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Deed to Secure Debt or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt Obligations or any portion thereof, or (iii) any agreement or stipulation by Lender Grantee extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Deed to Secure Debt or the other Loan Documents.

Appears in 1 contract

Samples: And Security Agreement (Carter Validus Mission Critical REIT, Inc.)

OTHER RIGHTS, ETC. (a) The failure of Beneficiary or Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this MortgageDeed of Trust. Borrower Grantor shall not be relieved of BorrowerGrantor’s obligations hereunder by reason of (i) the failure of Beneficiary or Lender to comply with any request of Borrower Grantor or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this Mortgage Deed of Trust or otherwise enforce any of the provisions hereof or of the Note or the other Loan Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person Person liable for the Debt Obligations or any portion thereof, or (iii) any agreement or stipulation by Beneficiary or Lender extending the time of payment or otherwise modifying or supplementing the terms of the Note, this Mortgage Deed of Trust or the other Loan Documents.

Appears in 1 contract

Samples: Agreement and Fixture Filing

Time is Money Join Law Insider Premium to draft better contracts faster.