Our protection. β 12.9.1 Even if our security gives us the benefit of a right of yours, we aren't bound to exercise that right, to comply with an obligation as to it or to protect your right. If we are or become liable under our security for an obligation of yours to anyone else, you must pay any loss we suffer caused by a claim against us. Our security doesn't relieve you from your obligations. Where we exercise a right over something covered by our security, without taking possession of the thing, we aren't in possession of that thing. The right or exercise doesn't mean that we have an obligation to you or anyone else based on possession, management or control of anything covered by our security. We need only account for amounts we actually receive under the right. 12.9.2 Nothing we do relating to the mortgage puts us under a duty of care towards you. You should not rely, for example, on our making the loan as showing the value of the property, on our requiring insurance as showing that it's appropriate, or on an inspection as showing that the property is without defect. 12.9.3 We aren't liable for loss caused by our enforcing the mortgage or exercising a right under the mortgage, unless the loss was caused by our wilful neglect or default. If we become liable to anyone else through our enforcing the mortgage or exercising a right under the mortgage, you must pay any loss we suffer caused by a claim against us, unless the loss was caused by our wilful neglect or default.
Appears in 4 contracts
Samples: Residential Mortgage, Residential Mortgage, Residential Mortgage