Rescission of Notice of Default. Beneficiary, from time to time before Trustee’s sale, public sale or deed in lieu of foreclosure, may rescind any such notice of breach or default and of election to cause the Property to be sold by executing and delivering to Trustee a written notice of such rescission, which notice, when recorded, shall also constitute a cancellation of any prior declaration of default and demand for sale or such documents as may be required by the laws of the state in which the Property is located to effect such rescission. The exercise by Beneficiary of such right of rescission shall not constitute a waiver of any breach or Event of Default then existing or subsequently occurring, or impair the right of Beneficiary to execute and deliver to Trustee, as above provided, other declarations of default and demand for sale, and notices of breach or default, and of election to cause the Property to be sold to satisfy the obligations hereof, nor otherwise affect any provision, agreement, covenant or condition of the Note and/or of this Deed of Trust or any of the rights, obligations or remedies of the parties hereunder.
Rescission of Notice of Default. Lender may rescind any notice of default at any time before Trustee’s sale by executing a notice of rescission and recording it. The recordation of the notice will constitute a cancellation of any prior declaration of an Event of Default and demand for sale and of any acceleration of maturity of the Debt affected by any prior declaration or notice of an Event of Default. The exercise by Lender of the right of rescission will not constitute a waiver of any default then existing or subsequently occurring, or impair the right of Lender to execute other declarations of default and demand for sale, or notices of default and of election to cause the Property to be sold, nor otherwise affect the Note or this Security Instrument, or any of the rights, obligations or remedies of Lender or Trustee hereunder or under applicable law.
Rescission of Notice of Default. Beneficiary may from time to time withdraw any notice of election and demand for sale in accordance with Section 38-38-101(11) of the Colorado Revised Statutes. The exercise by Beneficiary of such right shall not constitute a waiver of any breach or default then existing or subsequently occurring, or impair the right of Beneficiary to execute and deliver to Trustee, as above provided, other declarations or notices of default to satisfy the Obligations under this Deed of Trust or the other Obligations, nor otherwise affect any provision, covenant or condition of any of the Indenture, the Notes or the other Transaction Documents or any of the rights, obligations or remedies of Trustee or Beneficiary hereunder or thereunder.
Rescission of Notice of Default. The Beneficiary at any time before the Trustee's sale, may rescind any notice of default and of election to cause the Deed of Trust Collateral to be sold by executing and delivering to the Trustee a written notice of such rescission, which notice shall also constitute a cancellation of any prior such declaration of default and demand for sale. The exercise by the Beneficiary of such right of rescission shall not constitute a waiver of any Event of Default then existing or subsequently occurring, shall not impair the right of the Beneficiary to execute and deliver to the Trustee, as provided above, other such declarations of default and demands for sale and shall not otherwise affect any provision, agreement, covenant or condition of this Deed of Trust or the rights, obligations or remedies of the parties hereunder.
Rescission of Notice of Default. Lender, from time to time before any such public sale or deed in lieu of foreclosure, may rescind any such notice of breach or default and of election to cause the Property to be sold. Lender may evidence such rescission, among other methods, by executing and delivering to Borrower a written notice of such rescission, which notice, when recorded, shall also constitute a cancellation of any prior declaration of default and demand for sale or such documents as may be required by the laws of the state in which the Property is located. The exercise by Lender of such right of rescission shall not constitute a waiver of any breach or Event of Default then existing or subsequently occurring, or impair the right of Lender to execute and deliver to Borrower, as above provided, other declarations of default and demand for sale, and notices of breach or default, and of election to cause the Property to be sold to satisfy the obligations hereof, nor otherwise affect any provision, agreement, covenant or condition of the Note and/or of this Security Deed or any of the rights, obligations or remedies of the parties hereunder. If Lender shall have proceeded to invoke any right, remedy or recourse permitted under the Related Agreements and shall thereafter elect to discontinue or abandon it for any reason, Lender shall have the unqualified right to do so and, in such an event, Borrower and Lender shall be restored to their former positions with respect to the indebtedness, the obligations, the Related Agreements, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the right, remedy or recourse had never been invoked, but no such discontinuance or abandonment shall waive any Event of Default which may then exist or the right of Lender thereafter to exercise any right, remedy or recourse under the Related Agreements for such Event of Default. Borrower hereby expressly waives any and all benefits Borrower may have under the Official Code of Georgia ("O.C.G.A.") Section 44-14-85 to claim or assert that the indebtedness has been reinstated in accordance with its terms following the withdrawal of any foreclosure proceedings by Lender and acknowledges and agrees that reinstatement shall occur only upon written agreement of Lender.
Rescission of Notice of Default. Grantee (on behalf of the Secured Parties) may from time to time rescind any notice of default or notice of sale before any sale as provided above, by executing and delivering to Grantor a written notice of such rescission. The exercise by Grantee of such right of rescission shall not (a) constitute a waiver of any breach or default then existing or subsequently occurring, (b) impair the right of Grantee to execute and deliver to Grantor other declarations or notices of default to satisfy the obligations of this Deed to Secure Debt or the obligations secured hereby, or (c) otherwise affect any provision, covenant or condition of any Loan Document or any of the rights, obligations or remedies of Grantee or the Secured Parties hereunder or thereunder.
Rescission of Notice of Default. Mortgagee (on behalf of the Lenders) may from time to time rescind any notice of default or notice of sale before any foreclosure sale as provided above, by executing and delivering to Mortgagor a written notice of such rescission, which such notice, when recorded, shall also constitute a cancellation of any prior declaration of default and demand for sale. The exercise by Mortgagee of such right of rescission shall not constitute a waiver of any breach or default then existing or subsequently occurring, or impair the right of Mortgagee to execute and deliver to Mortgagor, as above provided, other declarations or notices of default to satisfy the obligations of this Mortgage or the obligations secured hereby, nor otherwise affect any provision, covenant or condition of any Loan Document or any of the rights, obligations or remedies of Mortgagee or the Lenders hereunder or thereunder.
Rescission of Notice of Default. Mortgagee, from time to time before Mortgagee's sale, public sale or deed in lieu of foreclosure, may rescind any such notice of breach or default and of election to cause the Property to be sold by executing and delivering to Mortgagee a written notice of such rescission, which notice, when recorded, shall also constitute a cancellation of any prior declaration of default and demand for sale or such documents as may be required by the laws of the state in which the Property is located to effect such rescission. The exercise by Mortgagee of such right of rescission shall not constitute a waiver of any breach or Event of Default then existing or subsequently occurring, or impair the right of Mortgagee to execute and deliver to Mortgagor, as above provided, other declarations of default and demand for sale, and notices of breach or default, and of election to cause the Property to be sold to satisfy the obligations hereof, nor otherwise affect any provision, agreement, covenant or condition of the Note and/or of this Mortgage or any of the rights, obligations or remedies of the parties hereunder.
Rescission of Notice of Default. Prior to the conduct of any sale under the power of sale contained in this Deed of Trust, Beneficiary, at its option, shall have the right to rescind any notice of default and election to sell the Property by delivering to Trustee a written notice of rescission executed by Beneficiary which, when recorded, shall cancel the foreclosure proceedings which have been commenced by the recordation of such notice of default and election to sell. Beneficiary's rescission of any notice of default and election to sell pursuant to this Section or under applicable law shall not constitute or be construed as a waiver of any Event of Default or impair, prejudice or otherwise affect (a) Beneficiary's right to record a new notice of default and election to sell the Property based on the same or any other Event of Default; or (b) Beneficiary's rights and remedies in connection with the Obligations.
Rescission of Notice of Default. Beneficiary from time to time ------------------------------- before Trustee's sale, may rescind any notice of default and of election to cause the Mortgaged Property to be sold by executing and delivering to Trustee a written notice of such rescission, which notice, when recorded, shall also constitute a cancellation of any prior declaration of default and demand for sale. The exercise by Beneficiary of such right of rescission shall not constitute a waiver of any breach or default then existing or subsequently occurring or impair the right of Beneficiary to execute and deliver to Trustee, as provided above, other declarations of default and demand for sale, notices of default and of election to cause the Mortgaged Property to be sold to satisfy the obligations hereof, or otherwise affect any provision, agreement, covenant or condition contained in this Deed of Trust or any other Loan Document or any of the rights, obligations or remedies of Trustor or Beneficiary under this Deed of Trust.
