Common use of Judicial Remedies Clause in Contracts

Judicial Remedies. Proceed by suit or suits, at law or in equity, instituted by or on behalf of Lender, to enforce the payment of the Debt or the other obligations of Borrower hereunder or pursuant to the Loan Documents, to foreclose the liens and security interests of this Mortgage as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other non-judicial remedies available to Lender with respect to the Loan Documents. Proceeding with the request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available non-judicial remedy of Lender.

Appears in 8 contracts

Samples: Mortgage, Security Agreement (Acadia Realty Trust), Mortgage, Security Agreement and Fixture Filing (Acadia Realty Trust), Mortgage, Security Agreement and Fixture Filing (Mack Cali Realty Corp)

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Judicial Remedies. Proceed by suit or suits, at law or in equity, instituted by or on behalf of Lender, to enforce the payment of the Debt or the other obligations of Borrower hereunder or pursuant to the Loan Documents, to foreclose the liens and security interests of this Mortgage Deed of Trust as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other non-judicial remedies available to Lender with respect to the Loan Documents. Proceeding with the request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available non-judicial remedy of Lender.

Appears in 5 contracts

Samples: Security Agreement and Fixture Filing (NNN Apartment REIT, Inc.), Management Agreement (KBS Real Estate Investment Trust, Inc.), , Security Agreement and Fixture Filing (Campus Crest Communities, Inc.)

Judicial Remedies. Proceed by suit or suits, at law or in equity, instituted by or on behalf of Lender, to enforce the payment of the Debt or the other obligations of Borrower hereunder or pursuant to the Loan Documents, to foreclose the liens and security interests of this Mortgage Security Deed as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other non-judicial remedies available to Lender with respect to the Loan Documents. Proceeding with the request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available non-judicial remedy of Lender.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Debt, Security Agreement and Fixture Filing (NNN Healthcare/Office REIT, Inc.)

Judicial Remedies. Proceed by suit or suits, at law or in equity, instituted by or on behalf of LenderBeneficiary, upon written request of Beneficiary, to enforce the payment of the Debt or the other obligations of Borrower Grantor hereunder or pursuant to the Loan Documents, to foreclose the liens and security interests of this Mortgage Deed of Trust as against all or any part of the Trust Property, and to have all or any part of the Trust Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other non-judicial remedies available to Lender Beneficiary with respect to the Loan Documents. Proceeding with the request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available non-judicial remedy of LenderBeneficiary.

Appears in 2 contracts

Samples: Trust and Security Agreement (Cornerstone Realty Income Trust Inc), Trust and Security Agreement (Cornerstone Realty Income Trust Inc)

Judicial Remedies. Proceed by suit or suits, at law or in equity, instituted by or on behalf of Lender, to enforce the payment of the Debt or the other obligations of Borrower hereunder or pursuant to the Loan Documents, to foreclose the liens and security interests of this Mortgage Deed of Trust as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other non-judicial remedies available to Lender with respect to the Loan Documents. Proceeding with the request or receiving a judgment for legal relief 56 shall not be or be deemed to be an election of remedies or bar any available non-judicial remedy of Lender.

Appears in 1 contract

Samples: Management Agreement (Campus Crest Communities, Inc.)

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Judicial Remedies. Proceed by suit or suits, at law or in equity, instituted by or on behalf of Lender, to enforce the payment of the Debt indebtedness secured hereby or the other obligations of Borrower hereunder or pursuant to the Loan Documents, to foreclose the liens and security interests of this Mortgage Deed of Trust as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other non-judicial remedies available to the Lender with respect to the Loan Documents. Proceeding with the request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available non-judicial remedy of the Lender.

Appears in 1 contract

Samples: Gladstone Commercial Corp

Judicial Remedies. Proceed by suit or suits, at law or in equity, instituted by or on behalf of LenderLxxxxx, to enforce the payment of the Debt or the other obligations of Borrower hereunder or pursuant to the Loan Documents, to foreclose the liens and security interests of this Mortgage Deed of Trust as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other non-judicial remedies available to Lender with respect to the Loan Documents. Proceeding with the request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available non-judicial remedy of Lender.

Appears in 1 contract

Samples: Security Agreement and Fixture (NNN Apartment REIT, Inc.)

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