Common use of NO CURE OR WAIVER Clause in Contracts

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Obligation, nor the exercise of any other right or remedy by Trustee or Beneficiary or any receiver shall cure or waive any default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Obligations then due have been paid or performed and Trustor has cured all other defaults hereunder), or impair the status of the security, or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 6 contracts

Samples: Discovery Investments Inc, Discovery Investments Inc, Discovery Investments Inc

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NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Property, Mortgaged Property nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any ObligationIndebtedness and Obligations, nor the exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall impair the status of the security, or cure or waive any default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Indebtedness and Obligations which are then due have been paid or and performed and Trustor has cured all other defaults hereunderdefaults), or impair the status of the security, prejudice Beneficiary or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 4 contracts

Samples: Inco Homes Corp, Inco Homes Corp, Inco Homes Corp

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any default Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or performed and Trustor has cured all other defaults Defaults hereunder), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 4 contracts

Samples: Leases and Security Agreement (Manufactured Home Communities Inc), Leases and Security Agreement (Protein Design Labs Inc/De), Leases and Security Agreement (Protein Design Labs Inc/De)

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Subject Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise or failure to exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any default breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or and performed and Trustor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 3 contracts

Samples: Prudential Bache Equitec Real Estate Partnership, Prudential Bache Equitec Real Estate Partnership, Prudential Bache Equitec Real Estate Partnership

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's Mortgagee’s nor any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Trustee or Beneficiary Mortgagee or any receiver shall cure or waive any default Default or notice of default under this Deed of TrustMortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or performed and Trustor Mortgagor has cured all other defaults Defaults hereunder), or impair the status of the security, or prejudice Trustee or Beneficiary Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary Mortgagee of any tenancy, lease or option or a subordination of the lien of this Deed of TrustMortgage.

Appears in 3 contracts

Samples: Mortgage and Absolute Assignment of Rents and Leases and Security Agreement (Cole Credit Property Trust III, Inc.), Security Agreement (Lasalle Hotel Properties), Mortgage and Absolute Assignment of Rents and Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

NO CURE OR WAIVER. Neither Beneficiary's ’s nor Trustee's ’s nor any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any default Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or performed and Trustor has cured all other defaults Defaults hereunder), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 2 contracts

Samples: Leases and Security Agreement (Paladin Realty Income Properties Inc), Security Agreement (KBS Real Estate Investment Trust, Inc.)

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured PropertySubject Property and Collateral, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise or failure to exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any default breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or and performed and Trustor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of or security interests created by this Deed of Trust.

Appears in 2 contracts

Samples: Communications & Power Industries Inc, Communications & Power Industries Inc

NO CURE OR WAIVER. Neither Beneficiary's nor TrusteeLender's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured PropertyProperty and Collateral, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise or failure to exercise of any other right or remedy by Trustee or Beneficiary Lender or any receiver shall cure or waive any default breach, Default or notice of default under this Deed of TrustMortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or and performed and Trustor Borrower has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Trustee or Beneficiary Lender in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary Lender of any tenancy, lease or option or a subordination of the lien of or security interests created by this Deed of TrustMortgage.

Appears in 1 contract

Samples: Ams Health Sciences Inc

NO CURE OR WAIVER. Neither Beneficiary's nor 's, Trustee's nor or any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Subject Property, nor any collection of rents, issues, profitsRents, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Beneficiary, Trustee or Beneficiary or any receiver shall impair the status of the security of this Deed of Trust, or cure or waive any default breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations and any other sums then due hereunder have been paid or performed in full and Trustor has cured all other defaults hereunderDefaults), or impair the status of the security, prejudice Beneficiary or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option of the Subject Property or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: Infonet Services Corp

NO CURE OR WAIVER. Neither Beneficiary's nor ’s, Trustee's nor ’s or any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured Subject Property, nor any collection of rents, issues, profitsRents, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Beneficiary, Trustee or Beneficiary or any receiver shall impair the status of the security of this Deed of Trust, or cure or waive any default breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations and any other sums then due hereunder have been paid or performed in full and Trustor has cured all other defaults hereunderDefaults), or impair the status of the security, prejudice Beneficiary or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option of the Subject Property or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: Credit and Security Agreement (HC2 Holdings, Inc.)

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's ’s nor any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured Property, Mortgaged Property nor any collection of rentsRents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any ObligationMortgage Obligations, nor the exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall impair the status of the security, or cure or waive any default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Mortgage Obligations which are then due have been paid or and performed and Trustor Grantor has cured all other defaults hereunderdefaults), or impair the status of the security, prejudice Beneficiary or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien Lien of this Deed of Trust.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.)

NO CURE OR WAIVER. Neither Beneficiary's nor 's, Trustee's nor or any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Subject Property, nor any collection of rents, issues, profitsRents, insurance proceeds, condemnation Condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Beneficiary, Trustee or Beneficiary or any receiver shall impair the status of the security of this Deed of Trust, or cure or waive any default breach, Event of Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations and any other sums then due hereunder have been paid or performed in full and Trustor has cured all other defaults hereunderEvents of Default), or impair the status of the security, prejudice Beneficiary or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option of the Subject Property or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: And Security Agreement (DT Acceptance Corp)

NO CURE OR WAIVER. Neither Beneficiary's 's, nor Trustee's 's, nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Obligationof Guarantor's Liabilities, nor the exercise or failure to exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any default breach, Event of Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Obligations of Guarantor's Liabilities then due have been paid or and performed and Trustor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: Playboy Enterprises Inc

NO CURE OR WAIVER. Neither Beneficiary's ’s nor Trustee's ’s nor any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured PropertySubject Property and Collateral, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise or failure to exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any default breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or and performed and Trustor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of or security interests created by this Deed of Trust.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust, Inc.)

NO CURE OR WAIVER. Neither Beneficiary's nor 's, Trustee's nor or any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Subject Property, nor any collection of rents, issues, profitsRents, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Beneficiary, Trustee or Beneficiary or any receiver shall impair the status of the security of this Deed of Trust, or cure or waive any default breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations and any other sums then due hereunder have been paid or performed in full and Trustor Grantor has cured all other defaults hereunderDefaults), or impair the status of the security, prejudice Beneficiary or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option of the Subject Property or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: Elmers Restaurants Inc

NO CURE OR WAIVER. Neither Beneficiary's ’s nor Trustee's ’s nor any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Obligation, nor the exercise of any other right or remedy by Trustee or Beneficiary or any receiver shall cure or waive any default or notice of default under this Deed of TrustTrust or any other Loan Document, or nullify the effect of any notice of default or sale (unless all Obligations then due have been paid or performed in accordance with their terms and Trustor has cured all other defaults hereunder), or impair the status of the security, or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: Westaff Inc

NO CURE OR WAIVER. Neither Beneficiary's ’s nor Trustee's ’s nor any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured PropertyProperty and Collateral, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise or failure to exercise of any other right or remedy by Xxxxxxxxxxx or Trustee or Beneficiary or any receiver shall cure or waive any default breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or and performed and Trustor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of or security interests created by this Deed of Trust.

Appears in 1 contract

Samples: KBS Strategic Opportunity REIT, Inc.

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NO CURE OR WAIVER. Neither Beneficiary's nor TrusteeMortgagee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Trustee or Beneficiary Mortgagee or any receiver shall cure or waive any default Default or notice of default under this Deed of TrustMortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or performed and Trustor Mortgagor has cured all other defaults Defaults hereunder), or impair the status of the security, or prejudice Trustee or Beneficiary Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary Mortgagee of any tenancy, lease or option or a subordination of the lien of this Deed of TrustMortgage.

Appears in 1 contract

Samples: Leases and Security Agreement (Manufactured Home Communities Inc)

NO CURE OR WAIVER. Neither Beneficiary's Agent's, nor Trustee's 's, nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Obligationof Guarantor's Liabilities, nor the exercise or failure to exercise of any other right or remedy by Agent or Trustee or Beneficiary or any receiver shall cure or waive any default breach, Event of Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Obligations of Guarantor's Liabilities then due have been paid or and performed and Trustor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Agent or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary Agent of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: Playboy Enterprises Inc

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's ’s nor any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured Subject Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Security Obligation, nor the exercise or failure to exercise of any other right or remedy by Trustee or Beneficiary or any receiver shall cure or waive any default breach, Event of Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Security Obligations then due have been paid or and performed and Trustor Borrower has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: ALST Casino Holdco, LLC

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured PropertySubject Property and Collateral, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of or failure to exercise any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any default breach, Event of Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or and performed and Trustor Grantor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of or security interest created by this Deed of Trust.

Appears in 1 contract

Samples: Intervoice Inc

NO CURE OR WAIVER. Neither Beneficiary's ’s nor Trustee's ’s nor any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver (except as required by applicable law) shall cure or waive any default Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or performed and Trustor has cured all other defaults Defaults hereunder), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust, unless and until the Debt has been repaid in full as a result thereof.

Appears in 1 contract

Samples: Security Agreement (Industrial Income Trust Inc.)

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Subject Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise or failure to exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any default breach, Default or notice of default under this 21 Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or and performed and Trustor Grantor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: Prudential Bache Equitec Real Estate Partnership

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Obligationobligation secured hereby, nor the exercise or failure to exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any breach, default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Obligations obligations secured hereby then due have been paid or and performed and Trustor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Beneficiary or Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.Trust.‌

Appears in 1 contract

Samples: Purchase and Sales Agreement

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's Mortgagee’s nor any ----------------- receiver's ’s entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other securitysecuri­ty, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Trustee or Beneficiary Mortgagee or any receiver shall cure or waive any default Default or notice of default under this Deed of TrustMortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or performed and Trustor Mortgagor has cured all other defaults Defaults hereunder), or impair the status of the security, or prejudice Trustee or Beneficiary Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary Mortgagee of any tenancy, lease or option or a subordination of the lien of this Deed of TrustMortgage.

Appears in 1 contract

Samples: Security Agreement (KBS Real Estate Investment Trust, Inc.)

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Real Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Obligation, nor the exercise or failure to exercise of any other right or remedy by Trustee or Beneficiary or Trustee, or any receiver receiver, shall cure or waive any default breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Obligations then due have been paid or and performed and Trustor Grantor has cured all other defaults hereunderdefaults), or impair the status of the security, or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: Concorde Gaming Corp

NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any ----------------- receiver's entry upon and taking possession of all or any part of the Secured Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Beneficiary or Trustee or Beneficiary or any receiver shall cure or waive any default Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid or performed and Trustor has cured all other defaults Defaults hereunder), or impair the status of the security, or prejudice Trustee or Beneficiary in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

Appears in 1 contract

Samples: Leases and Security Agreement (Manufactured Home Communities Inc)

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