Common use of Guaranty of Payment and Performance and Not of Collection Clause in Contracts

Guaranty of Payment and Performance and Not of Collection. This is a guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Person.

Appears in 12 contracts

Samples: Jernigan Capital, Inc., Condor Hospitality Trust, Inc., Jernigan Capital, Inc.

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Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Person.

Appears in 7 contracts

Samples: Credit Agreement (Mid-America Apartments, L.P.), Secured Term Loan Agreement (Developers Diversified Realty Corp), Secured Term Loan Agreement (Developers Diversified Realty Corp)

Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Personperson, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Personperson.

Appears in 6 contracts

Samples: Tier Reit Inc, Behringer Harvard Reit I Inc, Master Credit Agreement (JDN Realty Corp)

Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Personperson, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors Guarantor hereby waive waives any right to require that an action be brought against Borrower or any other Person person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Personperson.

Appears in 5 contracts

Samples: Unconditional Guaranty (Wellsford Real Properties Inc), New Plan Excel Realty Trust Inc, New Plan Excel Realty Trust Inc

Guaranty of Payment and Performance and Not of Collection. This is a guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens (if any) available to Lender, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Person.

Appears in 4 contracts

Samples: Carter Validus Mission Critical REIT II, Inc., Carter Validus Mission Critical REIT II, Inc., Carter Validus Mission Critical REIT II, Inc.

Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against Collateral or other securities or liens available to LenderAgent and/or the Lenders, its successors, successors in title, endorsees or assigns. Guarantors Guarantor hereby waive waives any right to require that an action be brought against Borrower or any other Person or to require that resort be had to the Collateral, any other security or to any balance of any deposit account or credit on the books of Lender Agent and/or the Lenders in favor of Borrower or any other Person.

Appears in 2 contracts

Samples: Hines Real Estate Investment Trust Inc, Hines Real Estate Investment Trust Inc

Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower Borrowers or any other Person, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors Guarantor hereby waive waives any right to require that an action be brought against Borrower Borrowers or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower Borrowers or any other Person.

Appears in 2 contracts

Samples: Meruelo Maddux Properties, Inc., Meruelo Maddux Properties, Inc.

Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens (if any) available to Lenderany Guaranteed Party, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender any Guaranteed Party in favor of Borrower or any other Person.

Appears in 2 contracts

Samples: Global Net Lease, Inc., Global Net Lease, Inc.

Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors Guarantor hereby waive waives any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Person.

Appears in 2 contracts

Samples: Comstock Homebuilding Companies, Inc., Windrose Medical Properties Trust

Guaranty of Payment and Performance and Not of Collection. This is a guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Person.. GUARANTY (CONDOR)

Appears in 1 contract

Samples: Condor Hospitality Trust, Inc.

Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens available to the Agent or any Lender, its or any of their respective successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Agent or any Lender in favor of Borrower or any other Person.

Appears in 1 contract

Samples: Mid-America Apartments, L.P.

Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Personperson, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors Guarantor hereby waive waives any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Person.

Appears in 1 contract

Samples: Revolving Credit Agreement (Crescent Real Estate Equities Co)

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Guaranty of Payment and Performance and Not of Collection. This is a guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against any Borrower or any other Person, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against any Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of any Borrower or any other Person.

Appears in 1 contract

Samples: Griffin-American Healthcare REIT III, Inc.

Guaranty of Payment and Performance and Not of Collection. This is a guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens available to Lenderany Guaranteed Party, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender any Guaranteed Party in favor of Borrower or any other Person.

Appears in 1 contract

Samples: Modiv Inc.

Guaranty of Payment and Performance and Not of Collection. This is a guaranty of payment and performance and not of collection. The liability of Guarantors Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens Liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors Guarantor hereby waive waives any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Person.

Appears in 1 contract

Samples: Assignment and Acceptance (Mills Corp)

Guaranty of Payment and Performance and Not of Collection. This --------------------------------------------------------- is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Personperson, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors Guarantor hereby waive waives any right to require that an action be brought against Borrower or any other Person person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Personperson.

Appears in 1 contract

Samples: Storage Trust Realty

Guaranty of Payment and Performance and Not of Collection. This is a guaranty Guaranty of payment and performance and not of collection. The liability of Guarantors Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Personperson, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors Guarantor hereby waive waives any right to require that an action be brought against Borrower or any other Person person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of the Agent or any Lender in favor of Borrower or any other Personperson.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Humphrey Hospitality Trust Inc)

Guaranty of Payment and Performance and Not of Collection. This is a guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens available to Lenderthe Agent, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Person.

Appears in 1 contract

Samples: Secured Credit Agreement (Rouse Properties, Inc.)

Guaranty of Payment and Performance and Not of Collection. This is a guaranty --------------------------------------------------------- Guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Personperson, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other Personperson.

Appears in 1 contract

Samples: Indemnity Agreement (JDN Realty Corp)

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