Reservation of Certain Rights. The provisions of Section 13.1 shall not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, the other Loan Documents or this Security Instrument; (b) Intentionally Deleted; (c) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under this Security Instrument; (d) affect the validity or enforceability of any indemnity, guaranty, master lease or similar instrument made in connection with the Note, this Security Instrument, or the other Loan Documents; (e) impair the right of Lender to obtain the appointment of a receiver; (f) impair the enforcement of the Assignment of Leases and Rents executed in connection herewith; (g) impair the right of Lender to obtain a deficiency judgment or judgment on the Note against Borrower if necessary to obtain any insurance proceeds or condemnation awards to which Lender would otherwise be entitled under this Security Instrument, provided, however, Lender shall only enforce such judgment against the insurance proceeds and/or condemnation awards; or (h) impair the right of Lender to enforce the provisions of Sections 10.10, 11.2 and 11.3 of this Security Instrument.
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Samples: Security Agreement, Mortgage Modification Agreement (Sun Communities Inc)
Reservation of Certain Rights. The provisions of Section 13.1 shall not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, the other Loan Documents or this Security Instrument; (b) Intentionally Deleted; (c) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under this Security Instrument; (d) affect the validity or enforceability of any indemnity, guaranty, master lease or similar instrument made in connection with the Note, this Security Instrument, or the other Loan Documents; (e) impair the right of Lender to obtain the appointment of a receiver; (f) impair the enforcement of the Assignment of Leases and Rents executed in connection herewith; (g) impair the right of Lender to obtain a deficiency judgment or judgment on the Note against Borrower if necessary to obtain any insurance proceeds or condemnation awards to which Lender Lxxxxx would otherwise be entitled under this Security Instrument, provided, however, Lender shall only enforce such judgment against the insurance proceeds and/or condemnation awards; or (h) impair the right of Lender to enforce the provisions of Sections 10.10, 11.2 and 11.3 of this Security Instrument.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Sun Communities Inc), Mortgage and Security Agreement (Sun Communities Inc)
Reservation of Certain Rights. The provisions of -----------------------------
Section 13.1 9.4.1 shall not, however, not (a) constitute a waiver, release or impairment of any ------------- obligation evidenced or secured by the Note, this Agreement or the other Loan Documents or this Security InstrumentDocuments; (b) Intentionally Deleted; (c) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under this Security Instrumentthe Mortgages; (dc) affect the validity or enforceability of any indemnity, guaranty, master lease or similar instrument made in connection with the Note, this Security Instrument, Agreement or the other Loan Documents; (ed) impair the right of Lender to obtain the appointment of a receiver; (fe) impair the enforcement of the Assignment of Leases and Rents executed in connection herewith; (gf) impair the right of Lender to obtain a deficiency judgment or judgment on the Note against Borrower if necessary to obtain any insurance proceeds or condemnation awards to which Lender would be otherwise be entitled under this Security Instrument, Agreement; provided, however, Lender shall only enforce such judgment against the insurance proceeds and/or condemnation awards; or (hg) impair the right of Lender to enforce the provisions of Sections 10.107.10, 11.2 9.2, 9.3 and 11.3 9.4 of this Security Instrumentthe Mortgages.
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Reservation of Certain Rights. The provisions of Section 13.1 ----------------------------- shall not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, the other Loan Documents or this Security Instrument; (b) Intentionally Deletedintentionally deleted; (c) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under this Security Instrument; (d) affect the validity or enforceability of any indemnity, guaranty, master lease or similar instrument made in connection with the Note, this Security Instrument, or the other Loan Documents; (e) impair the right of Lender to obtain the appointment of a receiver; (f) impair the enforcement of the Assignment of Leases and Rents executed in connection herewith; (g) impair the right of Lender to obtain a deficiency judgment or judgment on the Note against Borrower if necessary to obtain any insurance proceeds or condemnation awards to which Lender would otherwise be entitled under this Security Instrument, provided, however, Lender shall only enforce such judgment against the insurance proceeds and/or condemnation awards; or (h) impair the right of Lender to enforce the provisions of Sections 10.10, 11.2 and 11.3 of this Security Instrument.
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Reservation of Certain Rights. The provisions of Section 13.1 15.1 ----------------------------- shall not, however, not (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, the other Loan Other Security Documents or this Security Instrument; (b) Intentionally Deleted; (c) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under this Security Instrument; (dc) affect the validity or enforceability of any indemnity, guaranty, master lease or similar instrument made in connection with the Note, this Security Instrument, or the other Loan Other Security Documents; (ed) impair the right of Lender to obtain the appointment of a receiver; (fe) impair the enforcement of the Assignment of Leases and Rents executed in connection herewith; (gf) impair the right of Lender to obtain a deficiency judgment or judgment on the Note against Borrower if necessary to obtain any insurance proceeds or condemnation awards to which Lender would be otherwise be entitled under this Security Instrument, provided, however, Lender shall only enforce such judgment against the insurance proceeds and/or condemnation awards; or (hg) impair the right of Lender to enforce the provisions of Sections 10.1011.9, 11.2 13.1, 13.2, 13.3 and 11.3 13.4 of this Security Instrument.
Appears in 1 contract
Samples: Variable Interest Rate Deed of Trust (Kilroy Realty Corp)
Reservation of Certain Rights. The provisions of Section 13.1 9.4.1 ----------------------------- ------------- shall not, however, not (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, this Agreement or the other Loan Documents or this Security InstrumentDocuments; (b) Intentionally Deleted; (c) impair the right of Lender to name Borrower or any Individual Borrower as a party defendant in any action or suit for judicial foreclosure and sale under this Security Instrumentthe Mortgages; (dc) affect the validity or enforceability of any indemnity, guaranty, master lease or similar instrument made in connection with the Note, this Security Instrument, Agreement or the other Loan Documents; (ed) impair the right of Lender to obtain the appointment of a receiver; (fe) impair the enforcement of the Assignment Assignments of Leases and Rents executed in connection herewith; (gf) impair the right of Lender to obtain a deficiency judgment or judgment on the Note against Borrower or any Individual Borrower if necessary to obtain any insurance proceeds or condemnation awards to which Lender would be otherwise be entitled under this Security Instrument, Agreement; provided, however, Lender shall only enforce such judgment against the insurance proceeds and/or condemnation awards; or (hg) impair the right of Lender to enforce the provisions of Sections 10.107.10, 11.2 9.2, 9.3 and 11.3 9.4 of this Security Instrumentthe Mortgages.
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Reservation of Certain Rights. The provisions of Section 13.1 shall not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, the other Loan Documents or this Security Instrument; (b) Intentionally Deleted; (c) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under this Security Instrument; (dc) affect the validity or enforceability of any indemnity, guaranty, master lease or similar instrument made in connection with the Note, this Security Instrument, or the other Loan Documents; (ed) impair the right of Lender to obtain the appointment of a receiver; (fe) impair the enforcement of the Assignment of Leases and Rents executed in connection herewith; (gf) impair the right of Lender to obtain a deficiency judgment or judgment on the Note against Borrower if necessary to obtain any insurance proceeds or condemnation awards to which Lender would otherwise be entitled under this Security Instrument, provided, however, Lender shall only enforce such judgment against the insurance proceeds and/or condemnation awards; or (hg) impair the right of Lender to enforce the provisions of Sections 10.10, 11.2 and 11.3 of this Security Instrument.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Paladin Realty Income Properties Inc)
Reservation of Certain Rights. The provisions of Section 13.1 11.1 shall not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, the other Loan Documents or this Security Instrument; (b) Intentionally Deleted; (c) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under this Security Instrument; (dc) affect the validity or enforceability without regard to the provisions of Section 11.1 of any indemnity, guaranty, master lease or similar instrument made in connection with the Note, this Security Instrument, or the other Loan Documents; (ed) impair the right of Lender to obtain the appointment of a receiver; (fe) impair the enforcement of the Assignment of Leases and Rents executed in connection herewith; or (gf) impair the right of Lender to obtain a deficiency judgment or judgment on the Note against Borrower if necessary to obtain any insurance proceeds or condemnation awards to which Lender would otherwise be entitled under this Security Instrument, provided, however, Lender shall only enforce such judgment against the insurance proceeds and/or condemnation awards; or (h) impair the right of Lender to enforce the provisions of Sections 10.10, 11.2 and 11.3 of this Security Instrument.
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Samples: Open End Mortgage and Security Agreement (Cedar Shopping Centers Inc)