Common use of Rescission of Notice of Default Clause in Contracts

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.

Appears in 3 contracts

Samples: Deed of Trust (KBS Strategic Opportunity REIT, Inc.), Deed of Trust (RBC Life Sciences, Inc.), Deed of Trust (Amerivest Properties Inc)

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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 Trust Estate 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 Real 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 event of Default 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 Trust Estate, including the Real Property, to be sold to satisfy the obligations hereof, nor otherwise affect any provision, agreement, covenant or condition of the Note PPF Agreement and/or of this Deed of Trust or any of the rights, obligations or remedies of the parties hereunder.

Appears in 2 contracts

Samples: Leasehold Deed of Trust, Leasehold Deed of Trust (Desert Hawk Gold Corp.)

Rescission of Notice of Default. BeneficiaryMortgagee, from time to time before Trustee’s any foreclosure 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 Mortgagor 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 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 Beneficiary Mortgagee to execute and deliver to TrusteeMortgagor, 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 Related Agreements, the Note and/or or of this Deed of Trust Mortgage or any of the rights, obligations or remedies of the parties hereunderthereunder.

Appears in 2 contracts

Samples: Mortgage, Assignment of Leases, Rents and Contracts, Security Agreement and Fixture Filing (Inland Western Retail Real Estate Trust Inc), Mortgage, Assignment of Leases, Rents and Contracts, Security Agreement and Fixture Filing (Inland Western Retail Real Estate Trust Inc)

Rescission of Notice of Default. Beneficiary, from time to time before Trustee’s '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.

Appears in 1 contract

Samples: Deed of Trust (Royal Bodycare Inc/Nv)

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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 Notes and/or of this Deed of Trust or any of the rights, obligations or remedies of the parties hereunder.

Appears in 1 contract

Samples: Deed of Trust (Amerivest Properties Inc)

Rescission of Notice of Default. BeneficiaryLENDER, from time to time before Trustee’s sale, 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 Subject Property to be sold by executing and delivering to Trustee 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 Subject Property is located to effect such rescission. The exercise by Beneficiary LENDER of such right of rescission shall not constitute a waiver of any breach or Event of Default default then existing or subsequently occurring, or impair the right of Beneficiary LENDER to execute and deliver to TrusteeBORROWER, as above provided, other declarations of default and demand for sale, and notices of breach or default, and of election to cause the Subject 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 of Trust or any of the rights, obligations or remedies of the parties hereunder.

Appears in 1 contract

Samples: Deed to Secure Debt (Kranzco Realty Trust)

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