Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 19 contracts
Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Ashford Hospitality Trust Inc), Open End Mortgage, Security Agreement, Financing Statement and Assignment of Rents (Ashford Hospitality Prime, Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Pebblebrook Hotel Trust)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument Agreement or the Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 14 contracts
Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Carter Validus Mission Critical REIT, Inc.)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument Agreement or the Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s 's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 4 contracts
Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.), Loan and Security Agreement (CNL Hotels & Resorts, Inc.), Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender Xxxxxx has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s Xxxxxxxx's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 3 contracts
Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Parkway Properties Inc), Borrowing Agreement (U Haul International Inc), Loan Agreement (U Haul International Inc)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument Mortgage or the other Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Infousa Inc), Deed of Trust and Security Agreement (Infousa Inc)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument Agreement or the other Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s 's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Wellsford Real Properties Inc), Revolving Credit Agreement (Philips International Realty Corp)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has or its agents have acted unreasonably or unreasonably delayed acting in any case where by law or under this Agreement, the Note, this Security Instrument or the other Loan Documents, it Lender or such agent, as the case may be, has an obligation to act reasonably or promptly, Lender then in such event Borrower shall not be liable entitled to bring an action for any monetary damages, and Borrower’s remedies but shall be limited to commencing an action seeking injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Loan Agreement (Lazard Freres Real Estate Investors LLC), Loan Agreement (Lazard Freres Real Estate Investors LLC)
Remedies of Borrower. In the event that If a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the Loan Documents, it has an obligation to act reasonably or promptly, Lender shall will not be liable for any monetary damages, and Borrower’s 's remedies shall will be limited to injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Loan Agreement (Maxxam Inc), Loan Agreement (Maxxam Group Holdings Inc)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender Xxxxxx has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the Loan Other Security Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s Xxxxxxxx's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Deed of Trust, Security Agreement, Fixture Filing and Assignment of Leases and Rents (Investors First Staged Equity L P), Deed of Trust, Security Agreement, Fixture Filing and Assignment of Leases and Rents (Investors First Staged Equity L P)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or any of the other Loan Documents, it has an obligation to act reasonably or promptly, Lender Lender, so long as it has acted in good faith, shall not be liable for any monetary damages, and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust), Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument Agreement or the Loan Documents, it Lender has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, damages and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Loan Agreement (Mack Cali Realty L P), Loan Agreement (Mack Cali Realty Corp)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or has unreasonably delayed acting in any case where by law or under the Note, the Mortgage, this Security Instrument Agreement, the Assignment, the Environmental Agreement or the other Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s 's remedies shall be limited to specific performance, injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Loan Agreement (Servico Market Center Inc), Loan Agreement (Servico Market Center Inc)
Remedies of Borrower. In the event that If a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the the. Loan Documents, it has an obligation to act reasonably or promptly, Lender shall will not be liable for any monetary damages, and Borrower’s remedies shall will be limited to injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Loan Agreement (Maxxam Inc), Loan Agreement (Maxxam Inc)
Remedies of Borrower. In the event that If a claim or adjudication is made that Lender has acted unreasonably or its agents have unreasonably delayed acting or acted unreasonably in any case where by law or under this Agreement, the NoteNotes, this Security Instrument the Mortgages or the other Loan Documents, it any of such Persons has an obligation to act reasonably promptly or promptlyreasonably, Lender Borrower agrees that no such Person shall not be liable for any monetary damages, and Borrower’s remedies sole remedy shall be limited to commencing an action seeking specific performance, injunctive relief or and/or declaratory judgment.
Appears in 1 contract
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the Loan Other Security Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Grubb & Ellis Co)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument Mortgage or the other Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s 's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Samples: Mortgage Agreement (Ramco Gershenson Properties Trust)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender Xxxxxx has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and BorrowerXxxxxxxx’s remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Maguire Properties Inc)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has or its agents have acted unreasonably or unreasonably delayed acting in any case where by applicable law or under this Agreement, the NoteSecurity Instrument, this Security Instrument or the Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, Note and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.the
Appears in 1 contract
Samples: Junior Loan Agreement (Silver Star Properties Reit, Inc)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under this Agreement, the Note, this Security Instrument the Deed of Trust or the other Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing (Kilroy Realty, L.P.)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or has unreasonably delayed acting in any case where by law or under the Note, the Mortgage, this Security Instrument Agreement, the Assignment, the Environmental Agreement or the other Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s Borrowers remedies shall be limited to specific performance, injunctive relief or declaratory judgment.
Appears in 1 contract
Remedies of Borrower. In the event that a claim or -------------------- adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any xx xxx case where by law or under the Note, this Security Instrument or the Loan Other Security Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s 's remedies shall be limited to injunctive relief or declaratory xxxxxxxxory judgment.
Appears in 1 contract
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.. 103
Appears in 1 contract
Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Pebblebrook Hotel Trust)
Remedies of Borrower. In the event that If a claim or adjudication is made that Lender has or its agents have acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument Agreement or the other Loan Documents, it Lender or such agent, as the case may be, has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s remedies shall be limited to injunctive relief or declaratory judgment.76
Appears in 1 contract
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s 's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (CNL Hotels & Resorts, Inc.)
Remedies of Borrower. In the event that If a claim or adjudication is made that Lender has acted unreasonably or its agents have unreasonably delayed acting or acted unreasonably in any case where by law or under this Agreement, the NoteNotes, this Security Instrument the Mortgage or the other Loan Documents, it any of such Persons has an obligation to act reasonably promptly or promptlyreasonably, Lender Borrower agrees that no such Person shall not be liable for any monetary damages, and Borrower’s remedies sole remedy shall be limited to commencing an action seeking specific performance, injunctive relief or and/or declaratory judgment.
Appears in 1 contract
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or any of the other Loan Documents, it has an obligation to act reasonably or promptly, Lender Lender, so long as it has acted in good faith, shall not be liable for any monetary damages, and Borrower’s 's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust)
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or has unreasonably delayed acting in any case where by law or under this Agreement, the Note, this Security Instrument the Mortgages, the Assignment of Contracts, the Environmental Agreement, the Guaranty Agreement or the other Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s 's and Guarantor's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or has unreasonably delayed acting in any case where by law or under the Note, the Mortgage, this Security Instrument Agreement, the Environmental Agreement or the other Loan Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s 's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Remedies of Borrower. In the event that a claim or adjudication is made that Lender has acted unreasonably or unreasonably delayed acting in any case where by law or under the Note, this Security Instrument or the Loan Other Security Documents, it has an obligation to act reasonably or promptly, Lender shall not be liable for any monetary damages, and Borrower’s 's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
