Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents and Xxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 47 contracts
Samples: Multifamily Note (National Property Investors 4), Multifamily Note (Davidson Growth Plus Lp), Multifamily Note (Drexel Burnham Lambert Real Estate Associates Ii)
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall will have no personal liability under this Note, the Security Instrument Loan Agreement or any other Loan Document for the repayment of the Indebtedness or for the performance of or compliance with any other obligations of Borrower under the Loan Documents and Xxxxxx's ’s only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall will be Lender's ’s exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender Xxxxxx as security for the Indebtedness. This limitation on Borrower's ’s liability shall will not limit or impair Lender's ’s enforcement of its rights against any guarantor Guarantor of the Indebtedness or any guarantor Guarantor of any other obligations of Borrower.
Appears in 28 contracts
Samples: Regulatory Agreement (KBS Strategic Opportunity REIT II, Inc.), New England Realty Associates Limited Partnership, Emeritus Corp\wa\
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents and Xxxxxx's ’s only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's ’s exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's ’s liability shall not limit or impair Lender's ’s enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 26 contracts
Samples: Multifamily Note (Paladin Realty Income Properties Inc), Multifamily Note (KBS Legacy Partners Apartment REIT, Inc.), Multifamily Note (Archstone Smith Operating Trust)
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents and XxxxxxLender's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 24 contracts
Samples: Multifamily Note (Shelter Properties v Limited Partnership), Multifamily Note (National Property Investors 8 /Ca/), Multifamily Note (Century Properties Fund Xv)
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and Xxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 17 contracts
Samples: Multifamily Note (Maxus Realty Trust Inc.), Replacement Reserve Agreement, Multifamily Note
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and Xxxxxx's only Lendxx'x xnly recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 5 contracts
Samples: Multifamily Note (Sunrise Assisted Living Inc), Multifamily Note (Alterra Healthcare Corp), Sunrise Assisted Living Inc
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents and Xxxxxx's Lxxxxx’s only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's ’s exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's ’s liability shall not limit or impair Lender's ’s enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 4 contracts
Samples: Preferred Apartment Communities Inc, Capital Senior Living Corp, Post Properties Inc
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall will have no personal liability under this Note, the Security Instrument Loan Agreement or any other Loan Document for the repayment of the Indebtedness or for the performance of or compliance with any other obligations of Borrower under the Loan Documents and Xxxxxx's ’s only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall will be Lender's Xxxxxx’s exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender Xxxxxx as security for the Indebtedness. This limitation on Borrower's ’s liability shall will not limit or impair Lender's ’s enforcement of its rights against any guarantor Guarantor of the Indebtedness or any guarantor Guarantor of any other obligations of Borrower.
Appears in 4 contracts
Samples: Independence Realty Trust, Inc, Independence Realty Trust, Inc, Independence Realty Trust, Inc
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property (as such term is defined in the Security Instrument) and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 2 contracts
Samples: Multifamily Note (Emeritus Corp\wa\), Multifamily Note (American Community Properties Trust)
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and Xxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property (as such term is defined in the Security Instrument) and to any other collateral held by Lender Xxxxxx as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 2 contracts
Samples: Multifamily Note (Davidson Income Real Estate Lp), Emeritus Corp\wa\
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction of the Indebtedness and the performance xxx xxrformance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 2 contracts
Samples: Multifamily Note (University Real Estate Partnership V), Assisted Living Concepts Inc
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall will have no personal liability under this Note, the Security Instrument Loan Agreement or any other Loan Document for the repayment of the Indebtedness or for the performance of or compliance with any other obligations of Borrower under the Loan Documents and Xxxxxx's Lxxxxx’s only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall will be Lender's ’s exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender Lxxxxx as security for the Indebtedness. This limitation on Borrower's ’s liability shall will not limit or impair Lender's ’s enforcement of its rights against any guarantor Guarantor of the Indebtedness or any guarantor Guarantor of any other obligations of Borrower.
Appears in 2 contracts
Samples: Bluerock Residential Growth REIT, Inc., Bluerock Residential Growth REIT, Inc.
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower Co-Maker shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents and Xxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on BorrowerCo-Maker's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 2 contracts
Samples: Multifamily Note, Multifamily Note
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction xxxxxxaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 2 contracts
Samples: Multifamily Note (Vinings Investment Properties Trust/Ga), And Security Agreement (Krupp Realty LTD Partnership V)
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents and Xxxxxx's ’s only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's Xxxxxx’s exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender Xxxxxx as security for the Indebtedness. This limitation on Borrower's ’s liability shall not limit or impair Lender's ’s enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 2 contracts
Samples: Emeritus Corp\wa\, Paladin Realty Income Properties Inc
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction sxxxxxxction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Multifamily Note (Vinings Investment Properties Trust/Ga)
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction of the Indebtedness Indebtxxxxxx and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property (as such term is defined in the Security Instrument) and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor or indemnitor of the Indebtedness or any guarantor or indemnitor of any other obligations of Borrower.
Appears in 1 contract
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction of the Indebtedness and the xxx xxe performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Multifamily Note (Cornerstone Realty Income Trust Inc)
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan an Documents and Xxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Davidson Diversified Real Estate Ii Limited Partnership
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents and Xxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower. .
Appears in 1 contract
Samples: Steadfast Income REIT, Inc.
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction of the Indebtedness Indxxxxxxess and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Multifamily Note (Secured Investment Resources Fund Lp Iii)
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction saxxxxxxtion of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and Xxxxxx's ’s only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's ’s exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's ’s liability shall not limit or impair Lender's Xxxxxx’s enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Assisted Living Concepts Inc
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and Xxxxxx's only Lendxx'x xnly recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise Lendxx'x xxercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as Lendxx xx security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Arv Assisted Living Inc
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument Instrument, the Credit Agreement or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Collateral Pool Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Credit Agreement (United Dominion Realty Trust Inc)
Limits on Personal Liability. (a) Except as otherwise provided in this Section 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents and Xxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be LenderXxxxxx's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender Xxxxxx as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Multifamily Note (Emeritus Corp\wa\)
Limits on Personal Liability. (a1) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and Xxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Wellsford Real Properties Inc
Limits on Personal Liability. (a) Except as otherwise provided in this Section tills Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the tile Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLender's only recourse for the xxx satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property and to any other collateral held by Lender as security for the IndebtednessXxxxxtedness. This limitation on oil Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Multifamily Note (Historic Preservation Properties 1989 Limited Partnership)
Limits on Personal Liability. (a) Except as otherwise provided in this Section Paragraph 9, Borrower shall have no personal liability under this Note, the Security Instrument or any other Loan Document for the repayment of the Indebtedness or for the performance of any other obligations of Borrower under the Loan Documents Documents, and XxxxxxLxxxxx's only recourse for the satisfaction of the Indebtedness and the performance of such obligations shall be Lender's exercise of its rights and remedies with respect to the Mortgaged Property (as such term is defined in the Security Instrument) and to any other collateral held by Lender Lxxxxx as security for the Indebtedness. This limitation on Borrower's liability shall not limit or impair Lender's enforcement of its rights against any guarantor of the Indebtedness or any guarantor of any other obligations of Borrower.
Appears in 1 contract
Samples: Acknowledgment and Agreement (Bluerock Enhanced Multifamily Trust, Inc.)