Common use of Recourse and Choice of Remedies Clause in Contracts

Recourse and Choice of Remedies. Notwithstanding any other provision of this Mortgage or the Loan Agreement, including, without limitation, Section 11.22 of the Loan Agreement, Lender and the other Indemnified Parties (as hereinafter defined) are entitled to enforce the obligations of Borrower, any guarantor and indemnitor of the Loan contained in Sections 8.1, 8.2 and 8.3 herein and Sections 9.2, 11.13 and 11.22 of the Loan Agreement, under the Environmental Indemnity, the Assignment of Leases and any other indemnity obligation in the Loan Documents (collectively, the “Personal Liabilities”) without first resorting to or exhausting any security or collateral and without first having recourse to the Note or any of the Property, through foreclosure, exercise of a power of sale or acceptance of a deed in lieu of foreclosure or otherwise, and in the event Lender commences a foreclosure action against the Property, or exercises the power of sale pursuant to this Mortgage, Lender shall be entitled to pursue a deficiency judgment with respect to such obligations against Borrower and any guarantor or indemnitor with respect to the Loan. The Personal Liabilities are exceptions to any non-recourse or exculpation provisions in the Loan Agreement, the Note, this Mortgage or the other Loan Documents, and Borrower and any guarantor or indemnitor with respect to the Loan are fully and personally liable for the Obligations set forth in the Personal Liabilities. The liability of Borrower and any guarantor or indemnitor with respect to the Obligations set forth in Sections 8.1, 8.2 and 8.3 herein and Section 9.2 of the Loan Agreement is not limited to the original principal amount of the Note. Notwithstanding the foregoing, nothing herein shall inhibit or prevent Lender from foreclosing or exercising a power of sale pursuant to this Mortgage or exercising any other rights and remedies pursuant to the Loan Agreement, the Note, this Mortgage and the other Loan Documents, whether simultaneously with foreclosure proceedings or in any other sequence. A separate action or actions may be brought and prosecuted against Borrower with respect to the Obligations set forth in the Personal Liabilities, whether or not an action is brought against any other Person and whether or not any other Person is joined in the action or actions. In addition, Xxxxxx shall have the right but not the obligation to join and participate in, as a party if it so elects, any administrative or judicial proceedings or actions initiated in connection with any matter addressed in the Environmental Indemnity.

Recourse and Choice of Remedies. Notwithstanding any other provision of this Mortgage or the Loan Agreement, including, without limitation, Section 11.22 of the Loan Agreement, Lender and the other Indemnified Parties (as hereinafter defined) are entitled to enforce the obligations of Borrower, any guarantor and indemnitor of the Loan contained in Sections 8.1, 8.2 and 8.3 herein and Sections 9.2, 11.13 and 11.22 of the Loan Agreement, under the Environmental Indemnity, the Assignment of Leases and any other indemnity obligation in the Loan Documents (collectively, the “Personal Liabilities”) without first resorting to or exhausting any security or collateral and without first having recourse to the Note or any of the Property, through foreclosure, exercise of a power of sale or acceptance of a deed in lieu of foreclosure or otherwise, and in the event Lender commences a foreclosure action against the Property, or exercises the power of sale pursuant to this Mortgage, Lender shall be entitled to pursue a deficiency judgment with respect to such obligations against Borrower and any guarantor or indemnitor with respect to the Loan. The Personal Liabilities are exceptions to any non-recourse or exculpation provisions in the Loan Agreement, the Note, this Mortgage or the other Loan Documents, and Borrower and any guarantor or indemnitor with respect to the Loan are fully and personally liable for the Obligations set forth in the Personal Liabilities. The liability of Borrower and any guarantor or indemnitor with respect to the Obligations set forth in Sections 8.1, 8.2 and 8.3 herein and Section 9.2 of the Loan Agreement is not limited to the original principal amount of the Note. Notwithstanding the foregoing, nothing herein shall inhibit or prevent Lender from foreclosing or exercising a power of sale pursuant to this Mortgage or exercising any other rights and remedies pursuant to the Loan Agreement, the Note, this Mortgage and the other Loan Documents, whether simultaneously with foreclosure proceedings or in any other sequence. A separate action or actions may be brought and prosecuted against Borrower with respect to the Obligations set forth in the Personal Liabilities, whether or not an action is brought against any other Person and whether or not any other Person is joined in the action or actions. In addition, Xxxxxx Lender shall have the right but not the obligation to join and participate in, as a party if it so elects, any administrative or judicial proceedings or actions initiated in connection with any matter addressed in the Environmental Indemnity.

Recourse and Choice of Remedies. Notwithstanding any other provision of this Mortgage Deed of Trust, the Loan Agreement or the other Loan AgreementDocuments, including, without limitation, Section 11.22 of the Loan Agreement, Lender Beneficiary and the other Indemnified Parties (as hereinafter defined) are entitled to enforce the obligations of Borrower, any guarantor and indemnitor of the Loan of (i) Grantor contained in Sections 8.1, 8.2 and 8.3 herein and Sections 9.2, 11.13 and 11.22 of the Loan Agreement, under the Environmental Indemnity, the Assignment of Leases and any other indemnity obligation in the Loan Documents and (collectivelyii) to the extent that the obligation is one which is the responsibility of a guarantor or indemnitor pursuant to any guaranty or indemnity signed by such guarantor or indemnitor, the “Personal Liabilities”) any guarantor or indemnitor with respect to such instrument, in each case without first resorting to or exhausting any security or collateral and without first having recourse to the Note or any of the Property, through foreclosure, exercise of a power of sale or acceptance of a deed in lieu of foreclosure or otherwise, and in the event Lender commences a foreclosure action against the Property, or exercises the power of sale pursuant to this Mortgage, Lender Beneficiary shall be entitled to pursue a deficiency judgment against (i) Grantor with respect to such obligations against Borrower the Loan, and (ii) any guarantor or indemnitor with respect to the Loan. The Personal Liabilities are exceptions to any non-recourse or exculpation provisions in their respective obligations under the Loan AgreementDocuments (if any), the Note, this Mortgage or the other Loan Documents, and Borrower and any guarantor or indemnitor with respect in each case as applicable. Notwithstanding anything to the Loan are contrary set forth herein, (i) Grantor is fully and personally liable for the Obligations set forth in the Personal Liabilitiesand (ii) any guarantor or indemnitor is fully and personally liable for their respective obligations under any guaranty or indemnity agreement signed by any such guarantor or indemnitor. The liability of Borrower and any guarantor or indemnitor Grantor with respect to the Obligations set forth in Sections 8.1, 8.2 and 8.3 herein and Section 9.2 of the Loan Agreement is not limited to the original principal amount of the Note. Notwithstanding the foregoing, nothing herein shall inhibit or prevent Lender Beneficiary from foreclosing or exercising a power of sale pursuant to this Mortgage or exercising any other rights and remedies pursuant to the Loan Agreement, the Note, this Mortgage and Deed of Trust and/or the other Loan Documents, whether simultaneously with foreclosure proceedings or in any other sequence. A separate action or actions may be brought and prosecuted against Borrower Grantor with respect to the Obligations set forth in the Personal LiabilitiesObligations, whether or not an action is brought against any other Person and whether or not any other Person is joined in the such action or actions. In addition, Xxxxxx Agent shall have the right but not the obligation to join and participate in, as a party if it so elects, any administrative or judicial proceedings or actions initiated in connection with any matter addressed in the Environmental Indemnity.

Recourse and Choice of Remedies. Notwithstanding any other provision of this Mortgage Security Instrument or the Loan Agreement, including, without limitation, Section 11.22 9.4 of the Loan Agreement, Lender and the other Indemnified Parties (as hereinafter defined) are entitled to enforce the obligations of Borrower, Individual Borrower and any guarantor and indemnitor of the Loan contained in Sections 8.1, 8.2 and 8.3 herein and Sections 9.2, 11.13 and 11.22 of the Loan Agreement, under the Environmental Indemnity, the Assignment of Leases and any other indemnity obligation in the Loan Documents (collectively, the “Personal Liabilities”) without first resorting to or exhausting any security or collateral and without first having recourse to the Note or any of the Property, through foreclosure, exercise of a power of sale foreclosure or acceptance of a deed in lieu of foreclosure or otherwise, and in the event Lender commences a foreclosure action against the Property, or exercises the power of sale pursuant to this Mortgage, Lender shall be is entitled to pursue a deficiency judgment with respect to such obligations against Individual Borrower and any guarantor or indemnitor with respect to the Loan. The Personal Liabilities provisions of Sections 8.2 and 8.3 herein are exceptions to any non-recourse or exculpation provisions in the Loan Agreement, the Note, this Mortgage Security Instrument or the other Loan Documents, and Individual Borrower and any guarantor or indemnitor with respect to the Loan are fully and personally liable for the Obligations set forth in the Personal Liabilitiesobligations pursuant to Sections 8.2 and 8.3 herein. The liability of Individual Borrower and any guarantor or indemnitor with respect to the Obligations set forth in Loan pursuant to Sections 8.1, 8.2 and 8.3 herein and Section 9.2 of the Loan Agreement is not limited to the original principal amount of the Note. Notwithstanding the foregoing, nothing herein shall inhibit or prevent Lender from foreclosing or exercising a power of sale pursuant to this Mortgage or exercising any other rights and remedies pursuant to the Loan Agreement, the Note, this Mortgage Security Instrument and the other Loan Documents, whether simultaneously with foreclosure proceedings or in any other sequence. A separate action or actions may be brought and prosecuted against Individual Borrower with respect pursuant to the Obligations set forth in the Personal Liabilities, Sections 8.2 and 8.3 herein whether or not an action is brought against any other Person and or whether or not any other Person is joined in the action or actions. In addition, Xxxxxx shall have the right but not the obligation to join and participate in, as a party if it so elects, any administrative or judicial proceedings or actions initiated in connection with any matter addressed in the Environmental Indemnity.

Recourse and Choice of Remedies. Notwithstanding any other provision of this Mortgage Security Instrument, the Loan Agreement or the other Loan AgreementDocuments, including, without limitation, Section 11.22 9.4 of the Loan Agreement, Lender Agent and the other Indemnified Parties (as hereinafter defined) are entitled to enforce the obligations of Borrower, any guarantor and indemnitor of the Loan (i) Borrower contained in Sections 8.1, 8.2 and 8.3 herein and Sections 9.2, 11.13 and 11.22 of the Loan Agreement, under the Environmental Indemnity, the Assignment of Leases and any other indemnity obligation in the Loan Documents and (collectivelyii) to the extent that the obligation is one which is the responsibility of a guarantor or indemnitor pursuant to any guaranty or indemnity signed by such guarantor or indemnitor, the “Personal Liabilities”) any guarantor or indemnitor with respect to such instrument, in each case without first resorting to or exhausting any security or collateral and without first having recourse to the Note or any of the Property, through foreclosure, exercise of a power of sale or acceptance of a deed in lieu of foreclosure or otherwise, and in the event Lender commences a foreclosure action against the Property, or exercises the power of sale pursuant to this Mortgage, Lender Agent shall be entitled to pursue a deficiency judgment against (i) Borrower with respect to such obligations against Borrower the Loan, and (ii) any guarantor or indemnitor with respect to the Loan. The Personal Liabilities are exceptions to any non-recourse or exculpation provisions in their respective obligations under the Loan AgreementDocuments (if any), the Note, this Mortgage or the other Loan Documents, and Borrower and any guarantor or indemnitor with respect in each case as applicable. Notwithstanding anything to the Loan are contrary set forth herein, (i) Borrower is fully and personally liable for the Obligations set forth in the Personal Liabilitiesand (ii) any guarantor or indemnitor is fully and personally liable for their respective obligations under any guaranty or indemnity agreement signed by any such guarantor or indemnitor. The liability of Borrower and any guarantor or indemnitor with respect to the Obligations set forth in Sections 8.1, 8.2 and 8.3 herein and Section 9.2 of the Loan Agreement is not limited to the original principal amount of the Note. Notwithstanding the foregoing, nothing herein shall inhibit or prevent Lender Agent from foreclosing or exercising a power of sale pursuant to this Mortgage or exercising any other rights and remedies pursuant to the Loan Agreement, the Note, this Mortgage and Security Instrument and/or the other Loan Documents, whether simultaneously with foreclosure proceedings or in any other sequence. A separate action or actions may be brought and prosecuted against Borrower with respect to the Obligations set forth in the Personal LiabilitiesObligations, whether or not an action is brought against any other Person and whether or not any other Person is joined in the such action or actions. In addition, Xxxxxx Agent shall have the right but not the obligation to join and participate in, as a party if it so elects, any administrative or judicial proceedings or actions initiated in connection with any matter addressed in the Environmental Indemnity.

Recourse and Choice of Remedies. Notwithstanding any other provision of this Mortgage or the Loan Agreement, including, without limitation, including but not limited to Section 11.22 of the Loan Agreement16.1 hereof, Lender and the other Indemnified Parties (as hereinafter defineddefined in Section 9.1 below) are entitled to enforce the obligations of Borrower, any guarantor and indemnitor of the Loan Borrower contained in Sections 8.1, 8.2 Section 9.5 and 8.3 herein and Sections 9.2, 11.13 and 11.22 of the Loan Agreement, under the Environmental Indemnity, the Assignment of Leases and any other indemnity obligation in the Loan Documents (collectively, the “Personal Liabilities”) Article XVI hereof without first resorting to or exhausting any security or collateral and without first having recourse to the Note Note, the Pledged Interests or any of the Propertyother Collateral, through foreclosure, exercise of a power of sale or acceptance of a deed in lieu of foreclosure or otherwise, and in the event Lender commences a foreclosure action against or sells the Property, Pledged Interests or exercises the power of sale pursuant to this Mortgageother Collateral, Lender shall be is entitled to pursue a deficiency judgment with respect to such obligations against Borrower and any guarantor or indemnitor with respect to the LoanBorrower. The Personal Liabilities provisions of Section 9.5 and Article XVI are exceptions to any non-recourse or exculpation provisions in the Loan Note, this Agreement, the Note, this Mortgage Pledge Agreement or any of the other Loan Documents, and Borrower and (but not any guarantor or indemnitor with respect other Person, unless such Person has entered into a written agreement to the Loan are contrary) is fully and personally liable for the Obligations set forth in the Personal Liabilitiesobligations pursuant to Section 9.5 and Article XVI. The liability of Borrower and any guarantor or indemnitor with respect to the Obligations set forth in Sections 8.1, 8.2 and 8.3 herein and Section 9.2 of the Loan Agreement is not limited to the original principal amount of the Note. Notwithstanding the foregoing, nothing herein shall inhibit or prevent Lender from foreclosing or exercising a power of sale pursuant to this Mortgage Agreement or exercising any other rights and remedies pursuant to the Loan Agreement, the Note, this Mortgage Agreement, and the other Loan Documents, whether simultaneously with foreclosure proceedings or in any other sequence. A separate action or actions may be brought and prosecuted against Borrower with respect to the Obligations set forth in the Personal LiabilitiesBorrower, whether or not an action is brought against any other Person and person or entity or whether or not any other Person person or entity is joined in the action or actions. In addition, Xxxxxx Lender shall have the right but not the obligation to join and participate in, as a party if it so elects, any administrative or judicial proceedings or actions initiated in connection with any matter addressed in the Environmental IndemnitySection 9.4.