Common use of Right to Discontinue Proceedings Clause in Contracts

Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage and all rights, remedies and recourse of Mortgagee shall continue as if such action or exercise of a right had not been invoked.

Appears in 3 contracts

Samples: Construction/Permanent Mortgage and Security Agreement (Global Income Trust, Inc.), Open End Mortgage and Security Agreement (KVH Industries Inc \De\), Loan Agreement (Founders Food & Firkins LTD /Mn)

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Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness Indebtedness. This Mortgage, the interest of Mortgagee in which case this Mortgage the Mortgaged Property and all rights, remedies and recourse of Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Famous Daves of America Inc), Mortgage and Security Agreement (Famous Daves of America Inc)

Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage Secured Hereby. This Mortgage, the Premises and all rights, remedies and recourse of the Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Talon Real Estate Holding Corp.), Mortgage and Security Agreement (Navarre Corp /Mn/)

Right to Discontinue Proceedings. In the event the Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, the Mortgagee shall have the unqualified right to do so and in such event the Mortgagor and the Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage Secured Hereby. This Mortgage, the Premises and all rights, remedies and recourse of the Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (First Team Sports Inc), Mortgage and Security Agreement (Lundgren Bros Construction Inc)

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Right to Discontinue Proceedings. In the event If Mortgagee shall have proceeded to invoke enforce any right, right or remedy or recourse permitted under this Mortgage by foreclosure, entry or otherwise and such proceedings shall thereafter elect to discontinue have been discontinued or abandon the same abandoned for any reason, Mortgagee shall have the unqualified right subject to do so Applicable Law, then and in every such event case Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage and rights hereunder, and all rights, power and remedies and recourse of Mortgagee shall continue as if no such action proceedings had occurred or exercise of a right had not been invokedtaken.

Appears in 1 contract

Samples: Credit Agreement (Anthony Crane Rental Lp)

Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage Secured Hereby. This Mortgage, the Premises and all rights, remedies and recourse recourses of Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Financing Statement (Netreit, Inc.)

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