Common use of Recourse Provisions Clause in Contracts

Recourse Provisions. Subject to the qualifications below, Beneficiary shall not enforce the liability and obligation of Trustor to perform and observe the obligations contained in the Note, this Deed of Trust or in any of the other Loan Documents by any action or proceeding wherein a money judgment shall be sought against Trustor, except that Beneficiary may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Beneficiary to enforce and realize upon its interests under the Note, this Deed of Trust and the other Loan Documents, or in the Trust Property, the Rents (as defined in this Deed of Trust), or any other collateral given to Beneficiary pursuant to the Loan Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall be enforceable against Trustor only to the extent of Trustor’s interest in the Trust Property, in the Rents and in any other collateral given to Beneficiary. By accepting the Note, this Deed of Trust and the other Loan Documents, Beneficiary agrees that it shall not except as otherwise herein provided, xxx for, seek or demand any deficiency judgment or other monetary judgment against Trustor in any such action or proceeding under or by reason of or under or in connection with the Note, this Deed of Trust or the other Loan Documents. The provisions of this paragraph shall not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by any of the Loan Documents; (b) impair the right of Beneficiary to name Trustor as a party defendant in any action or suit for foreclosure and sale under this Deed of Trust; (c) affect the validity or enforceability of any guaranty or indemnity made in connection with the Loan or any of the rights and remedies of the Beneficiary thereunder; (d) impair the right of Beneficiary to obtain the appointment of a receiver; (e) impair the enforcement of the Assignment of Leases; or (f) constitute a waiver of the right of Beneficiary to enforce the liability and obligation of Trustor, by money judgment or otherwise, to the extent of, but only to the extent of, any loss, damage, cost, expense, liability, claim or other obligation incurred by Beneficiary (including attorneys’ fees and costs reasonably incurred) arising out of or in connection with the following:

Recourse Provisions. Subject to the qualifications below, Beneficiary shall not enforce the liability and obligation of Trustor Trustor, to perform and observe the obligations contained in the Note, this Deed of Trust Trust, the Note or in any of the other Loan Documents by any action or proceeding wherein a money judgment shall be sought against Trustor, except that Beneficiary may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Beneficiary to enforce and realize upon its interests under the Note, this Deed of Trust and or the other Loan Documents, Documents or in the Trust Property, the Rents (as defined in this Deed of Trust), or any other collateral given to Beneficiary pursuant to this Deed of Trust and the other Loan Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall be enforceable against Trustor only to the extent of Trustor’s 's interest in the Trust Property, in the Rents and in any other collateral given to Beneficiary. By , and Beneficiary, by accepting the Note, this Deed of Trust Trust, the Note and the other Loan Documents, Beneficiary agrees that it shall not except as otherwise herein provided, xxx sue for, seek or demand any deficiency judgment or other monetary judgment against Trustor in any such anx xuch action or proceeding under or by reason of or under or in connection with the Note, this Deed of Trust Trust, the Note or any of the other Loan Documents. The provisions of this paragraph shall not, however, (ai) constitute a waiver, release or impairment of any obligation evidenced or secured by this Deed of Trust, the Note or any of the other Loan Documents; (bii) impair the right of Beneficiary to name Trustor Trustor, as a party defendant in any action or suit for foreclosure and sale under this Deed of Trust; (ciii) affect the validity or enforceability of any guaranty or indemnity made in connection with the Loan or any of the rights and remedies of the Beneficiary thereunder; (div) impair the right of Beneficiary to obtain the appointment of a receiver; (ev) impair the enforcement of the Assignment of LeasesLeases and Rents executed in connection herewith; or (fvi) constitute a waiver of the right of Beneficiary to enforce the liability and obligation of Trustor, by money judgment or otherwise, to the extent of, but only to the extent of, of any loss, damage, cost, expense, liability, claim or other obligation incurred by Beneficiary (including attorneys’ ' fees and costs reasonably incurred) arising out of or in connection with the following:

Recourse Provisions. Subject to the qualifications below, Beneficiary shall Lender will not enforce the liability and obligation of Trustor Borrower to perform and observe the obligations contained in this Loan Agreement, the Note, this Deed of Trust Note or in any of the Security Documents (other Loan Documents than the Guaranty Agreement) by any action or proceeding wherein a money judgment shall be or personal liability is sought against Trustor, Borrower or any other Released Parties,’ except that Beneficiary Lender may bring a foreclosure action, an action for specific performance or in any other appropriate action or proceeding to enable Beneficiary Lender to enforce and realize upon its interests under the Note, this Deed of Trust and Loan Agreement or the other Loan DocumentsSecurity Documents or in the Mortgaged Property, or in the Trust Property, the Rents (as defined in this Deed of Trust), or any other collateral given to Beneficiary Borrower pursuant to this Loan Agreement and the Loan Security Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall will be enforceable against Trustor Borrower only to the extent of TrustorBorrower’s interest in the Trust Mortgaged Property, in and Lender, by accepting this Loan Agreement, the Rents and in any other collateral given to Beneficiary. By accepting the Note, this Deed of Trust Note and the other Loan Security Documents, Beneficiary agrees that it shall will not except as otherwise herein provided, xxx sxx for, seek or demand any deficiency judgment against Borrower or any of the other monetary judgment against Trustor Released Parties in any such action or proceeding under under, or by reason of or under because of, or in connection with this Loan Agreement, the Note, this Deed of Trust Note or the other Loan Security Documents. The provisions of this paragraph shall section do not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, this Loan Agreement or any of the Loan Security Documents; (b) impair the Lender’s right of Beneficiary to name Trustor Borrower as a party defendant in any action or suit for foreclosure and sale under this Deed of Trustthe Indenture; (c) affect the validity or enforceability of any guaranty or indemnity made in connection with the Loan Debt or any of the rights and remedies of the Beneficiary Lender thereunder; (d) impair the Lender’s right of Beneficiary to obtain the appointment of a receiver; (e) impair the enforcement of the Assignment of LeasesLease; or (f) constitute a waiver of the Lender’s right of Beneficiary to enforce the liability and obligation of TrustorBorrower, by money judgment or otherwise, to the extent of, otherwise but only to the extent ofof Borrower’s interest in the Mortgaged Property, to the extent Lender incurs any loss, damage, cost, expense, liability, claim or other obligation incurred by Beneficiary (including including, attorneys’ fees and costs reasonably incurred) arising out of or in connection with the following:

Recourse Provisions. Subject to (a) Except as otherwise provided herein, in the qualifications belowSecurity Instruments or in the other Security Documents, Beneficiary the Indenture Trustee shall not enforce the liability and obligation of Trustor the Issuer to perform and observe the obligations contained in this Indenture or the Note, this Deed of Trust or in any of the other Loan Documents Security Instruments by any action or proceeding wherein a money judgment shall be sought against Trustorthe Issuer, except that Beneficiary the Indenture Trustee may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Beneficiary the Indenture Trustee to enforce and realize upon its interests under this Indenture, the NoteSecurity Instruments, this Deed of Trust the other Security Documents, and the other Loan Documents, or interest in the Trust Property, the Rents (as defined in this Deed of Trust), or and any other collateral given to Beneficiary pursuant to the Loan Indenture Trustee created by this Indenture, the Security Instruments and the other Security Documents; provided, however, that, except as specifically provided herein, that any judgment in any such action or proceeding shall be enforceable against Trustor the Issuer only to the extent of Trustor’s the Issuer's interest in the Trust Property, in the Rents and in any other collateral given to Beneficiarythe Indenture Trustee. By The Indenture Trustee, by accepting the Note, this Deed of Trust Indenture and the other Loan DocumentsSecurity Instruments, Beneficiary agrees that it shall not not, except as otherwise herein providedprovided in this Section 12.17, xxx sue for, seek or demand any deficiency judgment or other monetary judgment against Trustor the Issuer in any xxy such action or proceeding proceeding, under or by reason of or under or in connection with this -88- Indenture, the Note, this Deed of Trust other Security Documents or the other Loan DocumentsSecurity Instruments. The provisions of this paragraph Section shall not, however, (ai) constitute a waiver, release or impairment of any obligation evidenced or secured by any of this Indenture, the Loan Documentsother Security Documents or the Security Instruments; (bii) impair the right of Beneficiary the Indenture Trustee to name Trustor the Issuer as a party defendant in any action or suit for judicial foreclosure and sale under this Deed of Trustthe Security Instruments; (ciii) impair the right of the Indenture Trustee to obtain a deficiency judgment in any action or proceeding in order to preserve its ability to exercise the rights of foreclosure, non-judicial foreclosure, or the exercise of a power of sale, (iv) affect the validity or enforceability of any guaranty indemnity (including, without limitation, the environmental indemnity of even date herewith), guaranty, master lease or indemnity similar instrument made in connection with the Loan Notes, this Indenture, the Security Instruments, or any of the rights and remedies of the Beneficiary thereunderother Security Documents; (dv) impair the right of Beneficiary the Indenture Trustee to obtain the appointment of a receiver; (evi) impair the enforcement of the Assignment of LeasesLeases and Rents executed in connection herewith; (vii) impair the right of the Indenture Trustee to enforce the provisions of the Security Instruments; or (fviii) constitute a waiver of impair the right of Beneficiary the Indenture Trustee to enforce the liability and obligation of Trustor, by money obtain a deficiency judgment or otherwiseother judgment on the Notes against the Issuer if necessary to obtain any insurance proceeds or condemnation awards to which the Indenture Trustee would otherwise be entitled under the Security Documents; provided however, the Indenture Trustee shall only enforce such judgment to the extent of, but only to of the extent of, any loss, damage, cost, expense, liability, claim or other obligation incurred by Beneficiary (including attorneys’ fees and costs reasonably incurred) arising out of or in connection with the following:insurance proceeds and/or condemnation awards.

Recourse Provisions. Subject to the qualifications below, Beneficiary shall Lender will not enforce the liability and obligation of Trustor Borrower to perform and observe the obligations contained in this Loan Agreement, the Note, this Deed of Trust Note or in any of the Security Documents (other Loan Documents than the Guaranty Agreement) by any action or proceeding wherein a money judgment shall be or personal liability is sought against TrustorBorrower or any other Released Parties, except that Beneficiary Lender may bring a foreclosure action, an action for specific performance or in any other appropriate action or proceeding to enable Beneficiary Lender to enforce and realize upon its interests under the Note, this Deed of Trust and Loan Agreement or the other Loan DocumentsSecurity Documents or in the Mortgaged Property, or in the Trust Property, the Rents (as defined in this Deed of Trust), or any other collateral given to Beneficiary Borrower pursuant to this Loan Agreement and the Loan Security Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall will be enforceable against Trustor Borrower only to the extent of Trustor’s Borrower's interest in the Trust Mortgaged Property, in and Lender, by accepting this Loan Agreement, the Rents and in any other collateral given to Beneficiary. By accepting the Note, this Deed of Trust Note and the other Loan Security Documents, Beneficiary agrees that it shall will not except as otherwise herein provided, xxx sue for, seek or demand any deficiency judgment or other monetary deficxxxcy judgment against Trustor Borrower or any of the other Released Parties in any such action or proceeding under under, or by reason of or under of, or in connection with this Loan Agreement, the Note, this Deed of Trust Note or the other Loan Security Documents. The provisions of this paragraph shall section do not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, this Loan Agreement or any of the Loan Security Documents; (b) impair the Lender's right of Beneficiary to name Trustor Borrower as a party defendant in any action or suit for foreclosure and sale under this Deed of Trustthe Indenture; (c) affect the validity or enforceability of any guaranty or indemnity made in connection with the Loan Debt or any of the rights and remedies of the Beneficiary Lender thereunder; (d) impair the Lender's right of Beneficiary to obtain the appointment of a receiver; (e) impair the enforcement of the Assignment of LeasesLease; or (f) constitute a waiver of the Lender's right of Beneficiary to enforce the liability and obligation of TrustorBorrower, by money judgment or otherwise, to the extent of, otherwise but only to the extent ofof Borrower's interest in the Mortgaged Property, to the extent Lender incurs any loss, damage, cost, expense, liability, claim or other obligation incurred by Beneficiary (including including, attorneys’ ' fees and costs reasonably incurred) arising out of or in connection with the following:

Recourse Provisions. Subject to the qualifications below, Beneficiary Lender shall not enforce the liability and obligation of Trustor Borrower, to perform and observe the obligations contained in this Security Deed, the Note, this Deed of Trust Note or in any of the other Loan Documents by any action or proceeding wherein a money judgment shall be sought against TrustorBorrower, except that Beneficiary Lender may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Beneficiary Lender to enforce and realize upon its interests under the Note, this Security Deed of Trust and or the other Loan Documents, Documents or in the Trust Property, the Rents (as defined in this Deed of Trust), or any other collateral given to Beneficiary Lender pursuant to this Security Deed and the other Loan Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall be enforceable against Trustor Borrower only to the extent of TrustorBorrower’s interest in the Trust Property, in the Rents and in any other collateral given to Beneficiary. By Lender, and Lender, by accepting this Security Deed, the Note, this Deed of Trust Note and the other Loan Documents, Beneficiary agrees that it shall not except as otherwise herein provided, xxx sue for, seek or demand any deficiency judgment or other monetary judgment against Trustor Borrower in any such action or proceeding under or by reason of or under or in connection with this Security Deed, the Note, this Deed Note or any of Trust or the other Loan Documents. The provisions of this paragraph shall not, however, (ai) constitute a waiver, release or impairment of any obligation evidenced or secured by this Security Deed, the Note or any of the other Loan Documents; (bii) impair the right of Beneficiary Lender to name Trustor Borrower, as a party defendant in any action or suit for foreclosure and sale under this Deed of TrustSecurity Deed; (ciii) affect the validity or enforceability of any guaranty or indemnity made in connection with the Loan or any of the rights and remedies of the Beneficiary Lender thereunder; (div) impair the right of Beneficiary Lender to obtain the appointment of a receiver; (ev) impair the enforcement of the Assignment of LeasesLeases and Rents executed in connection herewith; or (fvi) constitute a waiver of the right of Beneficiary Lender to enforce the liability and obligation of TrustorBorrower, by money judgment or otherwise, to the extent of, but only to the extent of, any loss, damage, cost, expense, liability, claim or other obligation incurred by Beneficiary Xxxxxx (including attorneys’ fees and costs reasonably incurred) arising out of or in connection with the following:

Recourse Provisions. Subject to the qualifications below, Beneficiary shall Lender will not enforce the liability and obligation of Trustor Borrower to perform and observe the obligations contained in this Loan Agreement, the Note, this Deed of Trust Note or in any of the Security Documents (other Loan Documents than the Guaranty Agreement) by any action or proceeding wherein a money judgment shall be or personal liability is sought against TrustorBorrower or any other Released Parties, except that Beneficiary Lender may bring a foreclosure action, an action for specific performance or in any other appropriate action or proceeding to enable Beneficiary Lender to enforce and realize upon its interests under the Note, this Deed of Trust and Loan Agreement or the other Loan DocumentsSecurity Documents or in the Mortgaged Property, or in the Trust Property, the Rents (as defined in this Deed of Trust), or any other collateral given to Beneficiary Borrower pursuant to this Loan Agreement and the Loan Security Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall will be enforceable against Trustor Borrower only to the extent of Trustor’s Borrower's interest in the Trust Mortgaged Property, in and Lender, by accepting this Loan Agreement, the Rents and in any other collateral given to Beneficiary. By accepting the Note, this Deed of Trust Note and the other Loan Security Documents, Beneficiary agrees that it shall will not except as otherwise herein provided, xxx for, seek or demand any deficiency judgment against Borrower or any of the other monetary judgment against Trustor Released Parties in any such action or proceeding under under, or by reason of or under of, or in connection with this Loan Agreement, the Note, this Deed of Trust Note or the other Loan Security Documents. The provisions of this paragraph shall section do not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, this Loan Agreement or any of the Loan Security Documents; (b) impair the Lender's right of Beneficiary to name Trustor Borrower as a party defendant in any action or suit for foreclosure and sale under this Deed of Trustthe Indenture; (c) affect the validity or enforceability of any guaranty or indemnity made in connection with the Loan Debt or any of the rights and remedies of the Beneficiary Lender thereunder; (d) impair the Lender's right of Beneficiary to obtain the appointment of a receiver; (e) impair the enforcement of the Assignment of LeasesLease; or (f) constitute a waiver of the Lender's right of Beneficiary to enforce the liability and obligation of TrustorBorrower, by money judgment or otherwise, to the extent of, otherwise but only to the extent ofof Borrower's interest in the Mortgaged Property, to the extent Lender incurs any loss, damage, cost, expense, liability, claim or other obligation incurred by Beneficiary (including including, attorneys’ ' fees and costs reasonably incurred) arising out of or in connection with the following:

Recourse Provisions. Subject to the qualifications below, Beneficiary Mortgagee shall not enforce the liability and obligation of Trustor Mortgagor, to perform and observe the obligations contained in this Mortgage, the Note, this Deed of Trust Note or in any of the other Loan Documents by any action or proceeding wherein a money judgment shall be sought against TrustorMortgagor, except that Beneficiary Mortgagee may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Beneficiary Mortgagee to enforce and realize upon its interests under the Note, this Deed of Trust and Mortgage or the other Loan Documents, Documents or in the Trust Mortgaged Property, the Rents (as defined in this Deed of Trust), or any other collateral given to Beneficiary Mortgagee pursuant to this Mortgage and the other Loan Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall be enforceable against Trustor Mortgagor only to the extent of Trustor’s Mortgagor's interest in the Trust Mortgaged Property, in the Rents and in any other collateral given to Beneficiary. By Mortgagee, and Mortgagee, by accepting this Mortgage, the Note, this Deed of Trust Note and the other Loan Documents, Beneficiary agrees that it shall not except as otherwise herein provided, xxx for, seek or demand any deficiency judgment or other monetary judgment against Trustor Mortgagor in any such action or proceeding under or by reason of or under or in connection with this Mortgage, the Note, this Deed Note or any of Trust or the other Loan Documents. The provisions of this paragraph shall not, however, (ai) constitute a waiver, release or impairment of any obligation evidenced or secured by this Mortgage, the Note or any of the other Loan Documents; (bii) impair the right of Beneficiary Mortgagee to name Trustor Mortgagor, as a party defendant in any action or suit for foreclosure and sale under this Deed of TrustMortgage; (ciii) affect the validity or enforceability of any guaranty or indemnity made in connection with the Loan or any of the rights and remedies of the Beneficiary Mortgagee thereunder; (div) impair the right of Beneficiary Mortgagee to obtain the appointment of a receiver; (ev) impair the enforcement of the Assignment of LeasesLeases and Rents executed in connection herewith; or (fvi) constitute a waiver of the right of Beneficiary Mortgagee to enforce the liability and obligation of TrustorMortgagor, by money judgment or otherwise, to the extent of, but only to the extent of, of any loss, damage, cost, expense, liability, claim or other obligation incurred by Beneficiary Mortgagee (including attorneys’ ' fees and costs reasonably incurred) arising out of or in connection with the following: