Common use of BORROWER AND LIEN NOT RELEASED Clause in Contracts

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 6 contracts

Samples: Rents and Security Agreement (Capital Senior Living Corp), Document Cover Page (Apartment Investment & Management Co), Rents and Security Agreement (Maxus Realty Trust Inc)

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BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 Section shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 5 contracts

Samples: Rents and Security Agreement (Acadia Realty Trust), And Security Agreement (Acadia Realty Trust), Leases and Rents and Security Agreement (Acadia Realty Trust)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender Ocwen may, at LenderOcwen's option, without giving notice to or obtaining the consent of Borrower, Borrower or Borrower's successors or assigns or of any junior lienholder or guarantorsguarantor, without liability on LenderOcwen's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said any amounts due under the Loan Agreements or any other indebtedness secured by this Instrument or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of for payment of said indebtednesssuch amounts, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan plat of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest any term or period of amortization condition of the Note Loan Agreements, or change other notes, documents or agreements evidencing indebtedness of Borrower to Ocwen secured hereby, including any term or condition relating to the amount payment of the monthly installments payable thereundermoney. Any actions taken by Lender Ocwen pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender Ocwen a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at LenderOcwen's option, option for any such action if taken at Borrower's request.

Appears in 3 contracts

Samples: Mortgage, Security Agreement (Balanced Care Corp), Balanced Care Corp, Balanced Care Corp

BORROWER AND LIEN NOT RELEASED. From time to time, Lender Ocwen may, at LenderOcwen's option, without giving notice to or obtaining the consent of Borrower, Borrower or Borrower's successors or assigns or of any junior lienholder or guarantorsguarantor, without liability on LenderOcwen's or any Ocwen Affiliate's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said any amounts due under the Transaction Documents or any other indebtedness secured by this Instrument or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of for payment of said indebtednesssuch amounts, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan plat of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest any term or period of amortization condition of the Note Transaction Documents, or change other notes, documents or agreements evidencing indebtedness of Borrower to Ocwen or the amount Ocwen Affiliates secured hereby, including any term or condition relating to the payment of the monthly installments payable thereundermoney. Any actions taken by Lender Ocwen pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender Ocwen a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at LenderOcwen's option, option for any such action if taken at Borrower's request.

Appears in 3 contracts

Samples: Open End Mortgage, Security Agreement (Balanced Care Corp), Balanced Care Corp, Balanced Care Corp

BORROWER AND LIEN NOT RELEASED. From time to time, Lender METLIFE may, at LenderMETLIFE's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on LenderMETLIFE's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender METLIFE pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender METLIFE a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at LenderMETLIFE's option, for any such action if taken at Borrower's request.

Appears in 2 contracts

Samples: Nations Flooring Inc, Secom General Corp

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of BorrowerBorrower (unless otherwise provided below), Borrower's successors or assigns assigns, or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said the indebtedness evidenced by the Notes or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal or replacement note or notes therefortherefore, agree with Borrower, in writing, to modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take additional security from third persons or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunderNotes. Any Except as specifically set forth in writing, any actions taken by Lender pursuant to the terms of this paragraph 12 Paragraph 21 shall not affect the obligation of Borrower Borrower, or Borrower's successors or assigns assigns, to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not (unless agreed to in writing by Lender) affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's attorney fees as may be incurred incurred, at Lender's option, for any such action if taken at Borrower's requestrequest but only to the extent approved in advance by Borrower in writing.

Appears in 2 contracts

Samples: Credit Agreement (Best Lock Corp), Credit Agreement (Best Universal Lock Co)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's ’s option, without giving notice to or obtaining the consent of Borrower, Borrower's ’s successors or assigns or of any junior lienholder or guarantors, without liability on Lender's ’s part and notwithstanding Borrower's ’s breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note Lease Agreement or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's ’s successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's ’s fees as may be incurred at Lender's ’s option, for any such action if taken at Borrower's ’s request.

Appears in 1 contract

Samples: Severance Lease (New York Times Co)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's ’s option, without giving notice to or obtaining the consent of Borrower, Borrower's ’s successors or assigns or of any junior lienholder or guarantors, without liability on Lender's ’s part and notwithstanding Borrower's ’s breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, agree in writing with Borrower to modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 Section shall not affect the obligation of Borrower or Borrower's ’s successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership partnership, or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and reasonable attorney's ’s fees as may be incurred at Lender's ’s option, for any such action if taken at Borrower's ’s request.

Appears in 1 contract

Samples: Apn (Strategic Storage Trust VI, Inc.)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach breech of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or ore release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 covenants of Borrower contained herein, shall not affect the obligation of Borrower or Borrower's successors successor or assigns to pay the sums secured by this Instrument instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Apartment Investment & Management Co

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantorsGuarantor, without liability on Lender's part and notwithstanding Borrower's breach the existence of any covenant or agreement Event of Borrower in this InstrumentDefault, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a renewal note or notes therefortherefore, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien liens of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 Section 10.03 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership partnership, or other entity for payment of the indebtedness secured herebyIndebtedness or any part thereof, and shall not affect the lien or priority of lien hereof liens of this Instrument on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and reasonable attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Greenbriar Corp

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach the occurrence of any covenant or agreement an Event of Borrower in this InstrumentDefault, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph SECTION 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Michael Anthony Jewelers Inc)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Charming Shoppes Inc

BORROWER AND LIEN NOT RELEASED. From time to time, Lender METLIFE may, at Lender------------------------------ METLIFE's option, without giving notice to or obtaining the consent of Borrower, BorrowerXxxxxxxx's successors or assigns or of any junior lienholder or guarantors, without liability on LenderMETLIFE's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this InstrumentMortgage, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument Mortgage any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender METLIFE pursuant to the terms of this paragraph Section 12 shall not ---------- affect the obligation of Borrower or BorrowerXxxxxxxx's successors or assigns to pay the sums secured by this Instrument Mortgage and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender METLIFE a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at LenderMETLIFE's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Security Agreement (Graphic Industries Inc)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums sum secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Apartment Investment & Management Co

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph PARAGRAPH 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Rents and Security Agreement (Metatec International Inc)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, direct Trustee to release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and or agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or to change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, option for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Rents and Security Agreement (Glimcher Realty Trust)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's ’s option, without giving notice to or obtaining the consent of Borrower, Borrower's ’s successors or assigns or of any junior lienholder or guarantors, without liability on Lender's ’s part and notwithstanding Borrower's breach the occurrence of any covenant or agreement an Event of Borrower in this InstrumentDefault, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's ’s successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's attorneys’ fees as may be incurred at Lender's ’s option, for any such action if taken at Borrower's ’s request.

Appears in 1 contract

Samples: Deed of Trust (Us Home Systems Inc /Tx)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender METLIFE may, at Lender------------------------------ METLIFE's option, without giving notice to or obtaining the consent of Borrower, BorrowerXxxxxxxx's successors or assigns or of any junior lienholder or guarantors, without liability on LenderMETLIFE's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this InstrumentDeed, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument Deed any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender METLIFE pursuant to the terms of this paragraph Section 12 shall not ---------- affect the obligation of Borrower or BorrowerXxxxxxxx's successors or assigns to pay the sums secured by this Instrument Deed and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender METLIFE a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at LenderMETLIFE's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Security Agreement (Graphic Industries Inc)

BORROWER AND LIEN NOT RELEASED. From time to time, without affecting ------------------------------ the obligation of Borrower or Borrower's successors or assigns to pay or perform the Secured Obligations and to observe the covenants of Borrower contained in this Security Deed and the other Loan Documents, and without affecting the guaranty of any person, corporation, partnership or other entity for payment or performance of the Secured Obligations, and without affecting the lien or priority of lien of this Security Deed on the Property, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, BorrowerXxxxxxxx's successors or assigns or of any junior lienholder or guarantorsguarantor, and without liability on Lender's part and notwithstanding Borrower's breach part, grant extensions or postponements of any covenant or agreement of Borrower in this Instrument, extend the time for payment or performance of said indebtedness the Secured Obligations or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Secured Obligations, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument Security Deed any part of the Property, take or release other or additional security, reconvey re-convey any part of the Property, consent to any map or plan plat or subdivision of the Property, consent to the granting of any easement, join in any extension or subordination agreement, agreement and agree in writing with Borrower to modify the rate of interest or terms and time of payment or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred incurred, at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Aerovox Inc

BORROWER AND LIEN NOT RELEASED. From time to time, Lender Bank may, at Lender's Bank’s option, without giving notice to or obtaining the consent of Borrower, Borrower's ’s successors or assigns or of any junior lienholder or guarantors, without liability on Lender's Bank’s part and notwithstanding Borrower's ’s breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note Notes or change decrease the amount of the monthly installments payable payments thereunder. Any actions taken by Lender Bank pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's ’s successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty promise of any person, corporation, partnership or other entity for payment of to pay the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender Bank a reasonable service charge, together with such title insurance premiums and attorney's attorneys’ fees as may be incurred at Lender's Bank’s option, for any such action if taken at Borrower's ’s request.

Appears in 1 contract

Samples: And Fixture Filing (Professional Veterinary Products LTD /Ne/)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's ’s option, without giving notice to or obtaining the consent of Borrower, Borrower's ’s successors or assigns or of any junior lienholder or guarantors, without liability on Lender's ’s part and notwithstanding Borrower's ’s breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's ’s successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness Indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.the

Appears in 1 contract

Samples: Rents and Security Agreement (First Potomac Realty Trust)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender Mortgagee may, at Lender's Mortgagee’s option, without giving notice to or obtaining the consent of Borrower, Borrower's ’s successors or assigns or of any junior lienholder lien holder or guarantors, without liability on Lender's Mortgagee’s part and notwithstanding Borrower's breach the occurrence of any covenant or agreement an Event of Borrower in this InstrumentDefault, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefortherefore, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey reconvene any part of the Property, consent to any map or plan of on the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender Mortgagee pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's ’s successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or of priority of the lien hereof on the Property. Borrower shall pay Lender Mortgagee a reasonable service charge, together with such title insurance premiums and attorney's attorneys’ fees as may be incurred at Lender's Mortgagee’s option, for any such action if taken at Borrower's ’s request.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Featherlite Inc)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantorsGuarantor, without liability on Lender's part and notwithstanding Borrower's breach the existence of any covenant or agreement Event of Borrower in this InstrumentDefault, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien liens of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 Section 10.03 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership partnership, or other entity for payment of the indebtedness secured herebyIndebtedness or any part thereof, and shall not affect the lien or priority of lien hereof liens of this Instrument on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and reasonable attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Greenbriar Corp

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantorsassigns, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said the indebtedness evidenced by the Note or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, agree with Borrower, in writing, to modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunderNote. Any actions taken by Lender pursuant to the terms of this paragraph 12 21 shall not affect the obligation of Borrower Borrower, or Borrower's successors or assigns assigns, to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's attorney fees as may be incurred incurred, at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Real Estate Mortgage, Security Agreement and Fixture Filing (Oboisie Corp)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note Lease Agreement or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph PARAGRAPH 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Corporate Property Associates 17 - Global INC

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BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any Except for the specific provision being modified, and only to the extent of such modification, any actions taken by Lender pursuant to the terms of this paragraph 12 Section shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, the actual out of pocket costs together with such title insurance premiums premiums, if any, and reasonable attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Operations and Maintenance Agreement (Gladstone Commercial Corp)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender Mortgagee may, at Lender's Mortgagee’s option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's Mortgagee’s part and notwithstanding Borrower's breach the occurrence of any covenant or agreement an Event of Borrower in this InstrumentDefault, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness (including but not limited to any guarantor), accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, enter into a loan modification agreement with Borrower, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note Loan or change the amount of the monthly installments payable thereunder. Any actions taken by Lender Mortgagee pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's Xxxxxxxx’s successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender Mortgagee a reasonable service chargecharge (based on Mortgagee’s then-current fee schedule for each matters), together with such title insurance premiums and attorney's attorneys’ fees as may be incurred at Lender's Mortgagee’s option, for any such action if taken at Borrower's ’s request or for other servicing requests, including but not limited to name changes, prepayments of the Indebtedness, and loan pay off statement requests. Such service charge is exclusive of any legal fees which may be incurred by Mortgagee in connection with Borrower’s request...

Appears in 1 contract

Samples: Maui Land & Pineapple Co Inc

BORROWER AND LIEN NOT RELEASED. From time to time, Lender Mortgagee may, at Lender's Mortgagee’s option, without giving notice to or obtaining the consent of Borrower, Borrower's ’s successors or assigns or of any junior lienholder or guarantors, without liability on Lender's Mortgagee’s part and notwithstanding Borrower's breach the occurrence of any covenant or agreement an Event of Borrower in this InstrumentDefault, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional securitysecurity (as negotiated between Borrower and Mortgagee), reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender Mortgagee pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's ’s successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender Mortgagee a reasonable service charge, together with such title insurance premiums and attorney's attorneys’ fees as may be incurred at Lender's Mortgagee’s option, for any such action if taken at Borrower's ’s request.

Appears in 1 contract

Samples: Meritage Hospitality Group Inc /Mi/

BORROWER AND LIEN NOT RELEASED. From time to time, the Lender may, at the Lender's option, without giving notice to or obtaining the consent of the Borrower, the Borrower's successors or assigns or of any junior other lienholder or guarantors, without liability on the Lender's part part, and notwithstanding the Borrower's breach of any covenant or agreement of the Borrower in this InstrumentAgreement, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and the time of payment of said indebtedness, release from the lien of this Instrument Agreement any part of the PropertyCollateral, take or release other or additional security, reconvey any part of the PropertyCollateral, consent to any map or plan of the PropertyCollateral, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with the Borrower to modify the rate of interest or period of amortization of the Note Notes or change the amount of the monthly any installments payable thereunder. Any actions taken by the Lender pursuant to the terms of this paragraph 12 Section shall not affect the obligation of the Borrower or the Borrower's successors or assigns to pay the sums secured by this Instrument Agreement and to observe the covenants of the Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership partnership, or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the PropertyCollateral. The Borrower shall pay the Lender a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at the Lender's option, option for any such action if taken at the Borrower's request.

Appears in 1 contract

Samples: Senior Convertible Loan and Security Agreement (I Link Inc)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, after giving twenty-four (24) hours' notice but without giving notice to or obtaining the consent of Borrower, Borrower's or its successors or assigns or of any junior lienholder or guarantorsassigns, without liability on Lender's part and notwithstanding Borrower's the breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said the indebtedness evidenced by the Note or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, agree with Borrower, in writing, to modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Mortgaged Property, take or release other or additional security, reconvey any part of the Mortgaged Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunderNote. Any actions taken by Lender pursuant to the terms of this paragraph 12 25 shall not affect the obligation of Borrower Borrower, or Borrower's successors or assigns assigns, to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of the lien hereof on the Mortgaged Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's attorney fees as may be incurred incurred, at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Loan Agreement (Jameson Inns Inc)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey recovery any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Rents and Security Agreement (Maxus Realty Trust Inc)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender METLIFE may, at LenderMETLIFE's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, if any, without liability on LenderMETLIFE's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender METLIFE pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender METLIFE a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at LenderMETLIFE's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Jevic Transportation Inc

BORROWER AND LIEN NOT RELEASED. From time to time, Lender METLIFE may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on LenderMETLIFE's part and notwithstanding Borrower's breach of of, any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, agreement and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender METLIFE pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender METLIFE a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at LenderMETLIFE's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Western Beef Inc /De/

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph 12 11 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: www.mortgage-investments.com

BORROWER AND LIEN NOT RELEASED. From time to time, Lender GE CAPITAL may, at LenderGE CAPITAL's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on LenderGE CAPITAL's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change decrease the amount of the monthly installments payable thereunder. Any actions taken by Lender GE CAPITAL pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender GE CAPITAL a reasonable service chargecharge specified by GE CAPITAL, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at LenderGE CAPITAL's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Administaff Inc \De\

BORROWER AND LIEN NOT RELEASED. From time to time, the Lender may, at the Lender's ’s option, without giving notice to or obtaining the consent of the Borrower, the Borrower's ’s successors or assigns or of any junior lienholder or guarantorsother lienholder, without liability on the Lender's part ’s part, and notwithstanding the Borrower's ’s breach of any covenant or agreement of the Borrower in this InstrumentAgreement, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and the time of payment of said indebtedness, release from the lien of this Instrument Agreement any part of the PropertyCollateral, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the PropertyCollateral, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with the Borrower to modify the rate of interest or period of amortization of the Secured Promissory Note or change the amount of the monthly any installments payable thereunder. Any actions taken by the Lender pursuant to the terms of this paragraph 12 Section shall not affect the obligation of the Borrower or the Borrower's ’s successors or assigns to pay the sums secured by this Instrument Agreement and to observe the covenants of the Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership partnership, or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the PropertyCollateral. The Borrower shall pay the Lender a reasonable service charge, together with such title insurance premiums and attorney's attorneys’ fees as may be incurred incurred, at the Lender's option, ’s option for any such action if taken at the Borrower's ’s request.

Appears in 1 contract

Samples: Loan Agreement (Acceris Communications Inc)

BORROWER AND LIEN NOT RELEASED. From time to time, Lender Xxxx may, at Lender's Xxxx'x option, without giving notice to or obtaining the consent of Borrower, BorrowerXxxxxxxx's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's Xxxx'x part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change decrease the amount of the monthly installments payable thereunder. Any actions taken by Lender Xxxx pursuant to the terms of this paragraph 12 SECTION 12, except to the extent any of the following are modified pursuant to any agreement executed by Xxxx, shall not affect the obligation of Borrower or BorrowerXxxxxxxx's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender Xxxx a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at Lender's Xxxx'x option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Horizon Group Properties Inc

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach the occurrence of any covenant or agreement an Event of Borrower in this InstrumentDefault, extend the time for payment of said indebtedness the Indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtednessthe Indebtedness (including but not limited to any guarantor, accept a an extension or modification or renewal note or notes therefor, modify the terms and time of payment of said indebtednessthe Indebtedness, enter into a loan modification agreement with Borrower, release from the lien of this Instrument any part of the Property, take accept or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this paragraph Section 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured herebyIndebtedness, and shall not affect the lien or priority of the lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's attorneys' fees as may be incurred at Lender's optionoption (based on Lender's ten-current fee schedule for such matters), for any such action if taken at Borrower's request or for other servicing requests, including but not limited to name changes, prepayments of the Indebtedness, and loan pay off statement requests. Such service change is exclusive of any legal fees which may be incurred by Lender in connection with Borrower's request.

Appears in 1 contract

Samples: Western Express Holdings, Inc.

BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at LenderXxxxxx's option, without giving notice to or obtaining the consent of BorrowerXxxxxxxx, BorrowerXxxxxxxx's successors or assigns or of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to t o any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender Xxxxxx pursuant to the terms of this paragraph 12 11 shall not affect the obligation of Borrower or BorrowerXxxxxxxx's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: www.fraudstoppers.org

BORROWER AND LIEN NOT RELEASED. From time to time, Trustee at Lender's direction and Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any junior lienholder or guarantors, without liability on Trustee's or Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Note Note, or change the amount of the monthly installments payable thereunder. Any actions taken by Trustee or Lender pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien or priority of lien hereof on the Property. Borrower shall pay Trustee and Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, option for any such action if taken at Borrower's request.

Appears in 1 contract

Samples: Rents and Security Agreement (Glimcher Realty Trust)

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