Common use of OTHER RIGHTS, ETC Clause in Contracts

OTHER RIGHTS, ETC. 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 Security Instrument. Grantor shall not be relieved of Grantor's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Grantor or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this 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 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 Security Instrument or the other Loan Documents. It is agreed that the risk of loss or damage to the Property is on Grantor, and Lender and Trustees shall have no liability whatsoever for any decline in value of the Property, for failure to maintain the insurance policies, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in Xxxxxx's possession. Lender may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) to any other security held by Xxxxxx in such order and manner as Lender, in its discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to enforce the other Obligations or any covenant hereof without prejudice to the right of Lender thereafter to foreclose this Security Instrument. The rights of Lender under this Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Lender shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity.

OTHER RIGHTS, ETC. The failure of Lender Administrative Agent to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Security Instrument. Grantor shall not be relieved of Grantor's ’s obligations hereunder by reason of (i) the failure of Lender Administrative Agent to comply with any request of Grantor or any guarantor or indemnitor with respect to the Loan Loans to take any action to foreclose this Security Instrument or otherwise enforce any of the provisions hereof or of the Note Notes 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 Obligations or any portion thereof, or (iii) any agreement or stipulation by Lender Administrative Agent extending the time of payment or otherwise modifying or supplementing the terms of the NoteNotes, this Security Instrument or the other Loan Documents. It is agreed that the risk of loss or damage to the Property is on Grantor, and Lender and Trustees Administrative Agent shall have no liability whatsoever for any decline in value of the Property, for failure to maintain the insurance policies, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx Administrative Agent shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in Xxxxxx's Administrative Agent’s possession. Lender Administrative Agent may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) to any other security held by Xxxxxx Administrative Agent in such order and manner as LenderAdministrative Agent, in its discretion, may elect. Lender Administrative Agent may take action to recover the Debt, or any portion thereof, or to enforce the other Obligations or any covenant hereof without prejudice to the right of Lender Administrative Agent thereafter to foreclose this Security Instrument. The rights of Lender Administrative Agent under this Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender Administrative Agent shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Lender Administrative Agent shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity.

OTHER RIGHTS, ETC. 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 Security Instrument. Grantor Borrower shall not be relieved of GrantorBorrower's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Grantor Borrower, any Guarantor or any guarantor or indemnitor with respect to the Loan Indemnitor to take any action to foreclose this Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Other Security Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any Person person liable for the Obligations 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 Security Instrument or the other Loan Other Security Documents. It is agreed that the risk of loss or damage to the Property is on GrantorBorrower, and Lender and Trustees shall have no liability whatsoever for any decline in value of the Property, for failure to maintain the insurance policiesPolicies, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx Lender shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in XxxxxxLender's possession. Lender may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) Debt to any other security held by Xxxxxx Lender in such order and manner as Lender, in its discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to enforce the other Obligations or any covenant hereof without prejudice to the right of Lender thereafter to foreclose this Security Instrument. The rights of Lender under this Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Lender shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity.

OTHER RIGHTS, ETC. 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 Security Instrument. Grantor Mortgagor shall not be relieved of Grantor's Mortgagor’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Grantor Mortgagor or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this 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 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 Security Instrument or the other Loan Documents. It is agreed that the risk of loss or damage to the Property is on GrantorMortgagor, and Lender and Trustees shall have no liability whatsoever for any decline in value of the Property, for failure to maintain the insurance policies, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in Xxxxxx's ’s possession. Lender may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) to any other security held by Xxxxxx in such order and manner as Lender, in its discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to enforce the other Obligations or any covenant hereof without prejudice to the right of Lender thereafter to foreclose this Security Instrument. The rights of Lender under this Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Lender shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity.

OTHER RIGHTS, ETC. 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 Security InstrumentDeed. Grantor Borrower shall not be relieved of Grantor's Borrower’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Grantor or any guarantor or indemnitor with respect to the Loan Borrower, to take any action to foreclose this Security Instrument Deed 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 Secured Property, or of any Person person liable for the Obligations Indebtedness 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 Security Instrument Deed or the other Loan Documents. It is agreed that the risk of loss or damage to the Secured Property is on GrantorBorrower, and Lender and Trustees shall have no liability whatsoever for any decline in value of the Secured Property, for failure to maintain the insurance policiesinsurance, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx Lender shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any Secured Property or collateral not in Xxxxxx's Lender’s possession. Lender may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) Indebtedness to any other security held by Xxxxxx Lender in such order and manner as Lender, in its discretion, may elect. Lender may take action to recover the DebtIndebtedness, or any portion thereof, or to enforce the other Obligations or any covenant hereof without prejudice to the right of Lender thereafter to foreclose this Security InstrumentDeed . The rights of Lender under this Security Instrument Deed shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Lender shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity.

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 Security Instrument. Grantor Borrower shall not be relieved of GrantorBorrower's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Grantor Borrower or any guarantor or any indemnitor with respect to the Loan or to take any action to foreclose this 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 Obligations 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 Security Instrument or the other Loan Documents. (b) It is agreed that the risk of loss or damage to the Property is on GrantorBorrower, and Lender and Trustees shall have no liability whatsoever for any decline in value of the Property, for failure to maintain the insurance policiesPolicies, or for failure to determine whether the insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx Lender of any Property or collateral not in Lender's possession shall not be deemed an election by Lender of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in Xxxxxx's possession. (c) Lender may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) Debt to any other security held by Xxxxxx Lender in such order and manner as Lender, in its discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to enforce the other Obligations or any covenant hereof without prejudice to the right of Lender thereafter to foreclose this Security Instrument. The rights of Lender under this Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Lender shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity.. Section 7.8 Right to Release Any Portion of the Property. Lender may release any portion of the Property for such consideration as Lender may require without, as to the remainder of the Property, in any way impairing or affecting the lien or priority of this Security Instrument, or improving the position of any subordinate lienholder with respect thereto, except to the extent that the obligations hereunder shall have been reduced by the actual monetary consideration, if any, received by Lender for such release, and may accept by assignment, pledge or otherwise any other property in place thereof as Lender may require without being accountable for so doing to any other lienholder. This Security Instrument shall continue as a lien and security interest in the remaining portion of the Property. Section 7.9

OTHER RIGHTS, ETC. 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 Security Instrument. Grantor Borrower shall not be relieved of GrantorBorrower's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Grantor or any guarantor or indemnitor with respect to the Loan Borrower to take any action to foreclose this Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the other Loan Other Security Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any Person person liable for the Obligations Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment payment, changing the rate of interest, or otherwise modifying or supplementing the terms of the Note, this Security Instrument or the other Loan Other Security Documents. It is agreed that the risk of loss or damage to the Property is on GrantorBorrower, and Lender and Trustees shall have no liability whatsoever for any decline in value of the Property, for failure to maintain the insurance policiesPolicies, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx Lender shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in XxxxxxLender's possession. Lender may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) Debt to any other security held by Xxxxxx Lender in such order and manner as Lender, in its discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to enforce the other Obligations or any covenant hereof without prejudice to the right of Lender thereafter to foreclose this Security Instrument. The rights of Lender under this Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Lender shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity. Right to Release Any Portion of the Property. Lender may release any portion of the Property for such consideration as Lender may require without, as to the remainder of the Property, in any way impairing or affecting the lien or priority of this Security Instrument, or improving the position of any subordinate lienholder with respect thereto, except to the extent that the obligations hereunder shall have been reduced by the actual monetary consideration, if any, received by Lender for such release, and may accept by assignment, pledge or otherwise any other property in place thereof as Lender may require without being accountable for so doing to any other lienholder. This Security Instrument shall continue as a lien and security interest in the remaining portion of the Property.

OTHER RIGHTS, ETC. 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 Security Instrument. Grantor Mortgagor shall not be relieved of Grantor's Mortgagor’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Grantor Mortgagor or any guarantor or indemnitor with respect to the Loan to take any action to foreclose this 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 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 Security Instrument or the other Loan Documents. It is agreed that the risk of loss or damage to the Property is on GrantorMortgagor, and Lender and Trustees shall have no liability whatsoever for any decline in value of the Property, for failure to maintain the insurance policies, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in Xxxxxx's ’s possession. Lender may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) to any other security held by Xxxxxx in such order and manner as Lender, in its discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to enforce the other oher Obligations or any covenant hereof without prejudice to the right of Lender thereafter to foreclose this Security Instrument. The rights of Lender under this Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Lender shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity.

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 Security Instrument. Grantor Mortgagor shall not be relieved of Grantor's Mortgagor’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Grantor Mortgagor or any guarantor or indemnitor with respect to the Loan Borrower to take any action to foreclose this 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 Obligations 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, the Loan Agreement, this Security Instrument or the other Loan Documents. It is agreed that the risk of loss or damage to the Property is on GrantorMortgagor, and Lender and Trustees shall have no liability whatsoever for any decline in value of the Property, for failure to maintain the insurance policiesPolicies, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx Lender shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any the Property or collateral any other Collateral not in Xxxxxx's Lender’s possession. Lender may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) Debt to any other security held by Xxxxxx Lender in such order and manner as Lender, in its discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to enforce the other Obligations or any covenant hereof without prejudice to the right of Lender thereafter to foreclose this Security Instrument. The rights of Lender under this Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Lender shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity. Right to Release Any Portion of the Property. Lender may release any portion of the Property for such consideration as Lender may require without, as to the remainder of the Property, in any way impairing or affecting the lien or priority of this Security Instrument, or improving the position of any subordinate lienholder with respect thereto, except to the extent that the obligations hereunder shall have been reduced by the actual monetary consideration, if any, received by Lender for such release, and may accept by assignment, pledge or otherwise any other property in place thereof as Lender may require without being accountable for so doing to any other lienholder. This Security Instrument shall continue as a lien and security interest in the remaining portion of the Property.

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 Security Instrument. Grantor Borrower shall not be relieved of Grantor's Borrower’s obligations hereunder by reason of (i) the failure of Lender to comply with any request of Grantor or any guarantor or indemnitor with respect to the Loan Borrower to take any action to foreclose this 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 Obligations 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 Security Instrument or the other Loan Documents. It (b) Unless the applicable loss or damage is of a physical nature and directly caused by the affirmative acts of Lender or Lender’s agents, it is agreed that the risk of loss or damage to the Property is on GrantorBorrower, and Lender and Trustees shall have no liability whatsoever for any decline in value of the Property, for failure to maintain the insurance policiesPolicies, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Xxxxxx Lender shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in Xxxxxx's Lender’s possession. (c) Trustee or Lender may resort for the payment and performance of the Obligations (including, but not limited to, the payment of the Debt) Debt to any other security held by Xxxxxx Trustee or Lender in such order and manner as Lender, in its discretion, may elect. Trustee or Lender may take action to recover the Debt, or any portion thereof, or to enforce the other Obligations or any covenant hereof without prejudice to the right of Trustee or Lender thereafter to foreclose this Security Instrument. The rights of Lender under this Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Trustee or Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Trustee 53 and Lender shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity. Section 11.8.