Common use of Remedies Cumulative, Concurrent and Nonexclusive Clause in Contracts

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee and the Lenders shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary and Trustee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Loan Documents, or against the Mortgaged Trust Property, or against any one or more of them, at the sole discretion of Mortgagee Beneficiary or Trustee, as the Lenderscase may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or the Lenders Trustee in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Trustee and Beneficiary shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Trustee or the Lenders Beneficiary in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary and Trustee shall have all rights, remedies and recourses granted in the Credit Indebtedness Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Indebtedness Documents, or against the Mortgaged Trust Property, or against any one or more of them, at the sole discretion of Mortgagee Beneficiary or Trustee, as the Lenderscase may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or the Lenders Trustee in the enforcement of any rights, remedies or recourses under the Credit Indebtedness Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee Beneficiary or the LendersSecured Parties, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or the Lenders Secured Parties in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or Mortgagee, as the Lenderscase may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC, subject to the terms and conditions of the Credit Agreement), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one anyone or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary and the Lenders shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Loan Documents, or against the Mortgaged Trust Property, or against any one or more of them, at the sole discretion of Mortgagee Beneficiary or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Financing Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Notes and the other Financing Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Financing Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall and the Lenders have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee and the Lenders shall have all rights, remedies and recourses against the Mortgaged Property granted in the Credit Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit DocumentsMortgagor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any any, rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Documents Loan Documents, any Hedge Agreements or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Grantee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee Grantee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Grantee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted hereunder and in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Note and the other Loan Documents, or against the Mortgaged PropertyCollateral, or against any one or more of them, at the sole discretion of Mortgagee or the LendersBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or the Lenders Trustee in the enforcement of any rights, remedies or recourses hereunder, under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default. To the extent permitted by law, Grantor hereby waives and releases all procedural errors, defects and imperfections in any proceedings instituted by Trustee or Beneficiary under the terms of this Deed of Trust, the Note and the other Loan Documents.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Documents Loan Documents, any Swap Agreements, or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Documents Loan Documents, any Swap Agreements or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or any Lender Swap Agreements or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Agreement and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.. 

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersSecured Parties, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No Subject to the terms of the Loan Documents, including, without limitation, Section 4.9 hereof, no action by Mortgagee or the Lenders any Secured Party in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary and Trustee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCCCode), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Loan Documents, or against the Mortgaged Trust Property, or against any one or more of them, at the sole discretion of Mortgagee Beneficiary or Trustee, as the Lenderscase may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or the Lenders Trustee in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee and the Holders shall have all rights, remedies and recourses granted in the Credit Note Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Note Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersHolders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders Holders in the enforcement of any rights, remedies or recourses under the Credit Note Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Financing Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Financing Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders Holders in the enforcement of any rights, remedies or recourses under the Credit Financing Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Grantee shall have all rights, remedies and recourses granted hereunder and in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Notes and the other Loan Documents, or against the Mortgaged PropertyCollateral, or against any one or more of them, at the sole discretion of Mortgagee or the LendersGrantee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders Grantee in the enforcement of any rights, remedies or recourses hereunder, under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default. To the extent permitted by law, Grantor hereby waives and releases all procedural errors, defects and imperfections in any proceedings instituted by Grantee under the terms of this Mortgage, the Notes and the other Loan Documents.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee and the Lenders shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in this Mortgage, the Credit Priority Lien Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Priority Lien Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Priority Lien Documents or otherwise at law or equity shall be deemed to cure any Event of Secured Debt Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.. MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, Page 11 SECURITY AGREEMENT AND FIXTURE FILING Equity Inns- ____________ Loan No. 6

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Agent and the Lenders shall have all rights, remedies and recourses granted hereunder and in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Agreement and the other Loan Documents, or against the Mortgaged PropertyCollateral, or against any one or more of them, at the sole discretion of Mortgagee or the LendersAgent, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders Agent in the enforcement of any rights, remedies or recourses hereunder, under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default. To the extent permitted by applicable law, Xxxxxxxxx hereby waives and releases all procedural errors, defects and imperfections in any proceedings instituted by Agent under the terms of this Mortgage and the other Loan Documents.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary and Trustee shall have all rights, remedies and recourses granted in the Credit Secured Documents and available at law or equity (including the UCCCode), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Secured Documents, or against the Mortgaged Trust Property, or against any one or more of them, at the sole discretion of Mortgagee Beneficiary or Trustee, as the Lenderscase may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or the Lenders Trustee in the enforcement of any rights, remedies or recourses under the Credit Secured Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders any Lender in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCCDCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one anyone or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (ai) shall be cumulated cumulative and concurrent, (bii) may be pursued separately, successively or concurrently against Mortgagor Grantor, any Grantor Party, or others obligated under the Credit Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersBeneficiary, (ciii) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (div) are intended to be, and shall be, nonexclusive. No action by Mortgagee of Trustee or the Lenders Beneficiary in the enforcement of any rights, rights or remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any an Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Grantee and the Lenders shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor Grantor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee Grantee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Grantee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Agreement and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee and the Lenders shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.. Additionally, Mortgagor agrees for itself, its successors and assigns, that the acceptance, before the expiration of any

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Credit Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the LendersMortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Documents this Mortgage or otherwise at law or equity equity, in respect of the Mortgaged Property, shall be deemed to cure any Event of DefaultDefault (unless otherwise agreed by Mortgagee in writing).

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee and the Lenders shall have all rights, remedies and recourses granted in the Credit Documents and available at law or equity (including the UCC), which rights (a) shall be cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee or the Lenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee or the Lenders in the enforcement of any rights, remedies or recourses under the Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.