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 the 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, except as otherwise provided herein. The Guarantor hereby 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.

Guaranty of Payment and Performance and Not of Collection. This is a Guaranty guaranty of payment and performance and not of collection. The Upon the occurrence of a Springing Recourse Event, the liability of the Guarantor REIT 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 personPerson, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns, except as otherwise provided herein. The Guarantor REIT hereby waives any right to require that an action be brought against any 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 any Borrower or any other personPerson.

Guaranty of Payment and Performance and Not of Collection. This is a Guaranty guaranty of payment and performance and not of collection. The Upon the occurrence of a Springing Recourse Event, the liability of the Guarantor REIT 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, except as otherwise provided herein. The Guarantor REIT hereby 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.