Waiver; Election of Remedies. A waiver by either party of a breach of a provision of this Instrument shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and all remedies of Lender under this Instrument are cumulative and not exclusive. An election to make expenditures or take action to perform an obligation of Borrower shall not affect Lender's right to declare a default and exercise its remedies under this Instrument.
Appears in 2 contracts
Samples: Commercial Deed of Trust, Security Agreement, Assignment of Leases and Rents, Financing Statement and Fixture Filing (Western Express Holdings, Inc.), Mortgage, Security Agreement, and Assignment of Leases and Rents (Michael Anthony Jewelers Inc)
Waiver; Election of Remedies. A waiver by either party of a breach of a provision of this Instrument instrument shall not constitute a waiver of or prejudice the party's ’s right otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and all remedies of Lender under this Instrument instrument are cumulative and not exclusive. An election to make expenditures or take action to perform an obligation of Borrower shall not affect Lender's ’s right to declare a default and exercise its remedies under this Instrumentinstrument.
Appears in 1 contract
Samples: Security Agreement
Waiver; Election of Remedies. A waiver by either party of a breach of a provision of this Instrument shall not constitute a “waiver of or prejudice the party's ’s right otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and all remedies of Lender under this Instrument are cumulative and not exclusive. An election to make expenditures or take action to perform an obligation of Borrower shall not affect Lender's ’s right to declare a default and exercise its remedies under this Instrument.
Appears in 1 contract
Waiver; Election of Remedies. A waiver by either party of a breach of a provision of this Instrument shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. Election by Lender Xxxx to pursue any remedy shall not exclude pursuit of any other remedy, and all remedies of Lender Xxxx under this Instrument are cumulative and not exclusive. An election to make expenditures or take action to perform an obligation of Borrower shall not affect Lender's Xxxx'x right to declare a default and exercise its remedies under this Instrument.
Appears in 1 contract
