Common use of Waiver; Discontinuance of Proceedings Clause in Contracts

Waiver; Discontinuance of Proceedings. Lender may waive any single Event of Default by Borrower hereunder without waiving any other prior or subsequent Event of Default. Lender may remedy any Event of Default by Borrower hereunder without waiving the Event of Default remedied. Neither the failure by Lender to exercise, nor the delay by Lender in exercising, any right, power or remedy upon any Event of Default by Borrower hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender may waive any single Event of Default by Borrower hereunder without waiving any other prior or subsequent Event of Default. Lender may remedy any Event of Default by Borrower hereunder without waiving the Event of Default remedied. Neither the failure by Lender to exercise, nor the delay by Lender in exercising, any right, power or remedy upon any Event of Default by Borrower hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt Obligations shall be deemed an acceptance on account only and shall not in any way affect the existence of a Default or an Event of DefaultDefault hereunder. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 DebtObligations, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender may waive any single Event of Default or other default hereunder by Borrower hereunder without waiving any other prior or subsequent Event of Default. Lender Default or other default hereunder, and may remedy any Event of Default or other default hereunder by Borrower hereunder without waiving the Event of Default or other default hereunder remedied. Neither the failure by Lender to exercise, nor the or delay by Lender in exercising, any right, power or remedy upon any Event of Default or other default hereunder by Borrower hereunder shall be construed as a waiver of such Event of Default or other default hereunder or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender shall have proceeded to invoke any right, remedy Default or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invokeddefault hereunder.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Default. Lender Mortgagee may remedy any Event of Default by Borrower Mortgagor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debt, the Loan Documents, the Mortgaged Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Beneficiary may waive any single Event of Default by Borrower Grantor hereunder without waiving any other prior or subsequent Event of Default. Lender Beneficiary may remedy any Event of Default by Borrower Grantor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Beneficiary to exercise, nor the delay by Lender Beneficiary in exercising, any right, power or remedy upon any Event of Default by Borrower Grantor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Grantor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderBeneficiary, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Grantor in any case shall of itself entitle Borrower Grantor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Beneficiary of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Beneficiary shall have the unqualified right to do so and, in such an event, Borrower Grantor and Lender Beneficiary shall be restored to their former positions with respect to the Debt, the Loan Documents, the Trust Property and otherwise, and the rights, remedies, recourses and powers of Lender Beneficiary shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender may waive any single Event of Default default by Borrower hereunder without waiving any other prior or subsequent Event of Defaultdefault. Lender may remedy any Event of Default default by Borrower hereunder without waiving the Event of Default default remedied. Neither the failure by Lender to exercise, nor the delay by Lender in exercising, any right, power or remedy upon any Event of Default default by Borrower hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Defaulta default hereunder. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debtindebtedness secured hereby, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Default. Lender No waiver of an Event of Default shall be valid for any purpose hereunder unless given in writing by Mortgagee. Mortgagee may remedy cure any Event of Default by Borrower Mortgagor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debt, the Loan Documents, the Mortgaged Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Lxxxxx may waive any single Event of Default by Borrower hereunder without waiving any other prior or subsequent Event of Default. Lender Lxxxxx may remedy any Event of Default by Borrower hereunder without waiving the Event of Default remedied. Neither the failure by Lender Lxxxxx to exercise, nor the delay by Lender Lxxxxx in exercising, any right, power or remedy upon any Event of Default by Borrower hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by LenderLxxxxx, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt Obligations shall be deemed an acceptance on account only and shall not in any way affect the existence of a Default or an Event of DefaultDefault hereunder. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 DebtObligations, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Beneficiary may waive any single Event of Default default by Borrower Trustor hereunder without waiving any other prior or subsequent Event of Defaultdefault. Lender Beneficiary may remedy any Event of Default default by Borrower Trustor hereunder without waiving the Event of Default default remedied. Neither the failure by Lender Beneficiary to exercise, nor the delay by Lender Beneficiary in exercising, any right, power or remedy upon any Event of Default default by Borrower Trustor hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Trustor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderBeneficiary, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Trustor in any case shall of itself entitle Borrower Trustor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Beneficiary of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Defaulta default hereunder. In case Lender Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Beneficiary shall have the unqualified right to do so and, in such an event, Borrower Trustor and Lender Beneficiary shall be restored to their former positions with respect to the Debtindebtedness secured hereby, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Beneficiary shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Default. Lender default, and may remedy any Event of Default default by Borrower Mortgagor hereunder without waiving the Event of Default default remedied. Neither the failure by Lender to exercise, nor the or delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invokeda default hereunder.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Default. Lender Mortgagee may remedy any Event of Default by Borrower Mortgagor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reasonreason prior to completion thereof, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debt, the Loan Documents, the Mortgaged Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Default. Lender default, and may remedy any Event of Default default by Borrower Mortgagor hereunder without waiving the Event of Default default remedied. Neither the failure by Lender to exercise, nor the or delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further Further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount amount. then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invokeda default hereunder.

Waiver; Discontinuance of Proceedings. Lender Beneficiary may waive any single default or Event of Default by Borrower Grantor hereunder without waiving any other prior or subsequent default or Event of Default. Lender , and may remedy any default or Event of Default by Borrower Grantor hereunder without waiving the default or Event of Default remedied. Neither the failure by Lender to exercise, nor the or delay by Lender Beneficiary in exercising, any right, power or remedy upon any Event of Default default by Borrower Grantor hereunder shall be construed as a waiver of such default or Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Grantor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderBeneficiary, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Grantor in any case shall of itself entitle Borrower Grantor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Beneficiary of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an a default or Event of Default. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invokedDefault hereunder.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Default. Lender Mortgagee may remedy any Event of Default by Borrower Mortgagor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of a Default or an Event of DefaultDefault hereunder. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debtindebtedness secured hereby, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender may waive any single default or Event of Default by Borrower hereunder without waiving any other prior or subsequent default or Event of Default. Lender , and may remedy any default or Event of Default by Borrower hereunder without waiving the default or Event of Default remedied. Neither the failure by Lender to exercise, nor the or delay by Lender in exercising, any right, power or remedy upon any Event of Default default by Borrower hereunder shall be construed as a waiver of such default or Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an a default or Event of Default. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invokedDefault hereunder.

Waiver; Discontinuance of Proceedings. Lender Beneficiary may waive any single Event of Default by Borrower Trustor hereunder without waiving any other prior or subsequent Event of Default. Lender Beneficiary may remedy any Event of Default by Borrower Trustor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Beneficiary to exercise, nor the delay by Lender Beneficiary in exercising, any right, power or remedy upon any Event of Default by Borrower Trustor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Trustor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderBeneficiary, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Trustor in any case shall of itself entitle Borrower Trustor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Beneficiary of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Beneficiary shall have the unqualified right to do so and, in such an event, Borrower Trustor and Lender Beneficiary shall be restored to their former positions with respect to the Debt, the Loan Documents, the Mortgaged Property and otherwise, and the rights, remedies, recourses and powers of Lender Beneficiary shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Default. Lender Mortgagee may remedy any Event of Default by Borrower Mortgagor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt Obligations shall be deemed an acceptance on account only and shall not in any way affect the existence of a Default or an Event of DefaultDefault hereunder. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debt, the Loan DocumentsObligations, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Default or Event of Default by Borrower Xxxxxxxxx hereunder without waiving any other prior or subsequent Default or Event of Default. Lender Mortgagee may remedy any Default or Event of Default by Borrower Xxxxxxxxx hereunder without waiving the Default Event of Default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Default or Event of Default by Borrower Mortgagor hereunder shall be construed as a waiver of such Default or Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Xxxxxxxxx therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of a Default or an Event of DefaultDefault hereunder. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender may waive any single Event of Default by Borrower hereunder without waiving any other prior or subsequent Event of Default. Lender may remedy any Event of Default by Borrower hereunder without waiving the Event of Default remedied. Neither the failure by Lender to exercise, nor the delay by Lender in exercising, any right, power or remedy upon any Event of Default by Borrower hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of a Default or an Event of DefaultDefault hereunder. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Beneficiary may waive any single Event of Default by Borrower Grantor hereunder without waiving any other prior or subsequent Event of Default. Lender Beneficiary may remedy any Event of Default by Borrower Grantor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Beneficiary to exercise, nor the delay by Lender Beneficiary in exercising, any right, power or remedy upon any Event of Default by Borrower Grantor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Grantor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderBeneficiary, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Grantor in any case shall of itself entitle Borrower Grantor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Beneficiary of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of a Default or an Event of DefaultDefault hereunder. In case Lender Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Beneficiary shall have the unqualified right to do so and, in such an event, Borrower Grantor and Lender Beneficiary shall be restored to their former positions with respect to the Debtindebtedness secured hereby, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Beneficiary shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Beneficiary may waive any ------------------------------------- single Event of Default by Borrower Grantor hereunder without waiving any other prior or subsequent Event of Default. Lender Beneficiary may remedy any Event of Default by Borrower Grantor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Beneficiary to exercise, nor the delay by Lender Beneficiary in exercising, any right, power or remedy upon any Event of Default by Borrower Grantor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Grantor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderBeneficiary, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Grantor in any case shall of itself entitle Borrower Grantor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Beneficiary of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Beneficiary shall have the unqualified right to do so and, in such an event, Borrower Grantor and Lender Beneficiary shall be restored to their former positions with respect to the Debt, the Loan Documents, the Trust Property and otherwise, and the rights, remedies, recourses and powers of Lender Beneficiary shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default ------------------------------------- default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Defaultdefault. Lender Mortgagee may remedy any Event of Default default by Borrower Mortgagor hereunder without waiving the Event of Default default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Defaulta default hereunder. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debtindebtedness secured hereby, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender may waive any single Event of Default by Borrower hereunder without waiving any other prior or subsequent Default or Event of Default. Lender may remedy any Event of Default by Borrower hereunder without waiving the Event of Default default remedied. Neither the failure by Lender to exercise, nor the delay by Lender in exercising, any right, power or remedy upon any Event of Default by Borrower hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt Loan shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of DefaultDefault hereunder. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invoked.their

Waiver; Discontinuance of Proceedings. Lender Lxxxxx may waive any single Event of Default by Borrower hereunder without waiving any other prior or subsequent Event of Default. Lender Lxxxxx may remedy any Event of Default by Borrower hereunder without waiving the Event of Default remedied. Neither the failure by Lender Lxxxxx to exercise, nor the delay by Lender Lxxxxx in exercising, any right, power or remedy upon any Event of Default by Borrower hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by LenderLxxxxx, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender may waive any single Event of Default by Borrower hereunder or any circumstance, which with the giving of notice, or passage of time, or both, would constitute an Event of Default, without waiving any other prior or subsequent Event of DefaultDefault or circumstance. Lender may further remedy any Event of Default by Borrower hereunder or such circumstance without waiving the Event of Default or circumstance so remedied. Neither the failure by Lender to exercise, nor the or delay by Lender in exercising, exercising any right, power or remedy upon any with respect to an Event of Default by Borrower hereunder or with respect to any circumstance, which with the giving of notice, or passage of time, or both, would constitute an Event of Default, shall be construed as a waiver of such Event of Default or circumstance or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same 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 Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invokedDefault hereunder.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Defaultdefault. Lender Mortgagee may remedy any Event of Default default by Borrower Mortgagor hereunder without waiving the Event of Default default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Defaulta default hereunder. In case Lender Mortgagee shall have proceeded to invoke involve any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debtindebtedness secured hereby, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invokedinvolved.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Defaultdefault. Lender Mortgagee may remedy any Event of Default default by Borrower Mortgagor hereunder without waiving the Event of Default default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Defaulta default hereunder. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debt, the Loan Documents, the Mortgaged Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender may waive any single Event of Default by Borrower Borrowers hereunder without waiving any other prior or subsequent Event of Default. Lender may remedy any Event of Default by Borrower Borrowers hereunder without waiving the Event of Default remedied. Neither the failure by Lender to exercise, nor the delay by Lender in exercising, any right, power or remedy upon any Event of Default by Borrower Borrowers hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Borrowers therefrom shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Borrowers in any case shall of itself entitle Borrower Borrowers to any other or further notice or demand in similar or other circumstances. Acceptance by Lender of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender shall have the unqualified right to do so and, in such an event, Borrower Borrowers and Lender shall be restored to their former positions with respect to the Debt, the Loan Documents, the Property Individual Properties and otherwise, and the rights, remedies, recourses and powers of Lender shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Lenders may waive any single Event of Default by Borrower hereunder without waiving any other prior or subsequent Default or Event of Default. Lender Lenders may remedy any Event of Default by Borrower hereunder without waiving the Event of Default default remedied. Neither the failure by Lender Lenders to exercise, nor the delay by Lender in exercising, any right, power or remedy upon any Event of Default by Borrower hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Lenders of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by LenderLenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Lenders of any payment in an amount less than the amount then due on any of the Debt Loans shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of DefaultDefault hereunder. In case Lender Lenders shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Lenders shall have the unqualified right to do so and, in such an event, Borrower and Lender Lenders shall be restored to their former positions with respect to the DebtLoans, the Loan Documents, the Property Properties and otherwise, and the rights, remedies, recourses and powers of Lender Lenders shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Default. Lender Mortgagee may remedy any Event of Default by Borrower Mortgagor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an in acceptance on account only and shall not in any way affect the existence of a Default or an Event of DefaultDefault hereunder. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower . Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debtindebtedness secured hereby, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Beneficiary may waive any single Event of Default by Borrower Trustor hereunder without waiving any other prior or subsequent default or Event of Default. Lender Beneficiary may remedy any Event of Default by Borrower Trustor hereunder without waiving the Event of Default default remedied. Neither the failure by Lender Beneficiary to exercise, nor the delay by Lender Beneficiary in exercising, any right, power or remedy upon any Event of Default by Borrower Trustor hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Trustor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderBeneficiary, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Trustor in any case shall of itself entitle Borrower Trustor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Beneficiary of any payment in an amount less than the amount then due on any of the Debt Secured Obligations shall be deemed an acceptance on account only and shall not in any way affect the existence of a Default or an Event of DefaultDefault hereunder. In case Lender Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Beneficiary shall have the unqualified right to do so and, in such an event, Borrower Trustor and Lender Beneficiary shall be restored to their former positions with respect to the DebtSecured Obligations, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Beneficiary shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Mortgagee may waive any single Event of Default by Borrower Mortgagor hereunder without waiving any other prior or subsequent Event of Default. Lender No waiver of an Event of Default shall be valid for any purpose hereunder unless given in writing by Mortgagee. Mortgagee may remedy cure any Event of Default by Borrower Mortgagor hereunder without waiving the Event of Default remedied. Neither the failure by Lender Mortgagee to exercise, nor the delay by Lender Mortgagee in exercising, any right, power or remedy upon any Event of Default by Borrower Mortgagor hereunder shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Mortgagee of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Mortgagor or Mortgagee therefrom shall in any event be effective unless the same shall be in writing and signed by LenderMortgagor or Mortgagee, as the case may be, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Mortgagor in any case shall of itself entitle Borrower Mortgagor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Mortgagee of any payment in an amount less than the amount then due on any of the Debt shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default. In case Lender Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Mortgagee shall have the unqualified right to do so and, in such an event, Borrower Mortgagor and Lender Mortgagee shall be restored to their former positions with respect to the Debt, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Mortgagee shall continue as if the same had never been invoked.

Waiver; Discontinuance of Proceedings. Lender Beneficiary may waive any ------------------------------------- single Event of Default default by Borrower Grantor hereunder without waiving any other prior or subsequent Event of Defaultdefault. Lender Beneficiary may remedy any Event of Default default by Borrower Grantor hereunder without waiving the Event of Default default remedied. Neither the failure by Lender Beneficiary to exercise, nor the delay by Lender Beneficiary in exercising, any right, power or remedy upon any Event of Default default by Borrower Grantor hereunder shall be construed as a waiver of such Event of Default default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise by Lender Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Borrower Grantor therefrom shall in any event be effective unless the same shall be in writing and signed by LenderBeneficiary, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose given. No notice to nor demand on Borrower Grantor in any case shall of itself entitle Borrower Grantor to any other or further notice or demand in similar or other circumstances. Acceptance by Lender Beneficiary of any payment in an amount less than the amount then due on any of the Debt secured indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Defaulta default hereunder. In case Lender Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon the same for any reason, Lender Beneficiary shall have the unqualified right to do so and, in such an event, Borrower Grantor and Lender Beneficiary shall be restored to their former positions with respect to the Debtindebtedness secured hereby, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Lender Beneficiary shall continue as if the same had never been invoked.