Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee with respect to any security not expressly released in writing, the Mortgagee may, at any time, and without notice to or the consent of the Mortgagor or any party in interest with the Premises or the Note: (a) release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; (b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; (c) accept any additional security; (d) release or otherwise deal with any property, real or personal, including any or all of the Premises, including making partial releases of the Premises; or (e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Lundgren Bros Construction Inc), Mortgage and Security Agreement (First Team Sports Inc)
Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee with respect to any security not expressly released in writing, the Mortgagee may, at any time, and without notice to or the consent of the Mortgagor or any other party in interest with the Premises or the Note: :
(a) release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; ;
(b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; ;
(c) accept any additional security; ;
(d) release or otherwise deal with any property, real or personal, including any or all of the Premises, including whether real or personal property, including, without limitation, making partial releases of the Premises; or or
(e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine.. N:\PL\80714\80714-073\1257591.doc
Appears in 1 contract
Samples: Mortgage, Security Agreement and Fixture Financing Statement (Netreit, Inc.)
Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee with respect to any security not expressly released in writing, the Mortgagee may, at any time, and without notice to or the consent of the Mortgagor or any party in interest with the Premises or the Note: :
(a) release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; ;
(b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; ;
(c) accept any additional security; ;
(d) release or otherwise deal with any property, real or personal, including any or all of the Premises, including making partial releases of the Premises; or or
(e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Wsi Industries Inc)
Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby indebtedness or obligations secured hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee with respect to any security not expressly released in writing, the Mortgagee may, at any time, and without notice to or the consent of the Mortgagor or any party in interest with the Premises Mortgaged Estate or the Note: Loan Agreement other indebtedness or obligations secured hereby:
(a) release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; (b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby indebtedness or obligations secured hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; ;
(cb) accept any additional security; ;
(dc) release or otherwise deal with any property, real or personal, including any or all of the PremisesMortgaged Estate, including making partial releases of the PremisesMortgaged Estate; or or
(ed) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securitiessecurity, and exhaust any one or more of said securities security and the security hereunder, either concurrently or independently and in such order as it may determine.
Appears in 1 contract
Samples: Leasehold 180 Day Redemption Mortgage and Security Agreement (Granite City Food & Brewery LTD)
Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee Lender with respect to any security not expressly released in writing, the Mortgagee Lender may, at any time, and without notice to or the consent of the Mortgagor Borrower or any party in interest with the Premises or the Note: :
(a) release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; ;
(b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; ;
(c) accept any additional security; ;
(d) release or otherwise deal with any property, real or personal, including any or all of the Premises, including making partial releases of the Premises; or or
(e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine.
Appears in 1 contract
Samples: Future Advance Mortgage and Security Agreement (Great Plains Ethanol LLC)
Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee Lender with respect to any security not expressly released in writing, the Mortgagee Lender may, at any time, and without notice to or the consent of the Mortgagor Borrower or any party in interest with the Premises or the Note: Notes:
(a) release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; ;
(b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; ;
(c) accept any additional security; ;
(d) release or otherwise deal with any property, real or personal, including any or all of the Premises, including making partial releases of the Premises; or or
(e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine.
Appears in 1 contract
Samples: Future Advance Mortgage and Security Agreement (Great Plains Ethanol LLC)
Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee with respect to any security not expressly released in writing, the Mortgagee may, at any time, and without notice to or the consent of the Mortgagor or any party in interest with the Premises or the Note: (a) :
1. release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; (b) ;
2. make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; (c) ,
3. accept any additional security; (d) ;
4. release or otherwise deal with any property, real or personal, including any or all of the Premises, including making partial releases of the Premises; or (e) or
5. resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Talon Real Estate Holding Corp.)
Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee Third Party or Trustee with respect to any security not expressly released in writing, the Mortgagee Third Party may, at any time, and without notice to or the consent of the Mortgagor First Party or any party in interest with the Premises or the Note: Note (a) release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; , (b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; , (c) accept any additional security; , (d) release or otherwise deal with any property, real or personal, including any or all of the Premises, including making partial releases of the Premises; or (e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership)
Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee with respect to any security not expressly released in writing, the Mortgagee may, at any time, and without notice to or the consent of the Mortgagor or any party in interest with the Premises or the Note: :
(a) release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; ;
(b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; ,
(c) accept any additional security; ;
(d) release or otherwise deal with any property, real or personal, including any or all of the Premises, including making partial releases of the Premises; or or
(e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Navarre Corp /Mn/)
Waivers; Releases; Resort to Other Security, Etc. Without affecting the liability of any party liable for payment of any Indebtedness Secured Hereby or performance of any obligation contained herein, and without affecting the rights of the Mortgagee Beneficiary with respect to any security not expressly released in writing, the Mortgagee Beneficiary may, at any time, and without notice to or the consent of the Mortgagor Grantor or any party in interest with the Premises or the Note: :
(a) release any person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance of any obligation herein; ;
(b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; ;
(c) accept any additional security; ;
(d) release or otherwise deal with any property, real or personal, including any or all of the Premises, including making partial releases of the Premises; or or
(e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine.
Appears in 1 contract