NO CURE OR WAIVER. Neither Mortgagee’s nor any receiver’s entry upon and taking possession of all or any part of the Subject 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 Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest created by this Mortgage.
Appears in 4 contracts
Samples: Open End Mortgage (KBS Real Estate Investment Trust II, Inc.), Open End Mortgage (KBS Real Estate Investment Trust II, Inc.), Open End Mortgage (KBS Real Estate Investment Trust II, Inc.)
NO CURE OR WAIVER. Neither Mortgagee’s 's nor any receiver’s 's entry upon and taking possession of all or any part of the Subject 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 Mortgagee or any receiver shall cure or waive any breach, Event of Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien Lien of or security interest created by this Mortgage.
Appears in 4 contracts
Samples: Security Agreement and Fixture, Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT II, Inc.), Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT II, Inc.)
NO CURE OR WAIVER. Neither Mortgagee’s nor any receiver’s entry upon and taking possession of all or any part of the Subject 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 Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest interests created by this Mortgage.
Appears in 3 contracts
Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.), Security Agreement and Fixture Filing (Virco MFG Corporation), KBS Real Estate Investment Trust, Inc.
NO CURE OR WAIVER. Neither Mortgagee’s 's nor any receiver’s 's entry upon and taking possession of all or any part of the Subject Mortgaged 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 ObligationIndebtedness and Obligations, nor the exercise or failure to exercise of any other right or remedy by Mortgagee or any receiver shall impair the status of the security, or cure or waive any breach, Default default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Indebtedness and Obligations which are then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest created by this Mortgage.
Appears in 2 contracts
Samples: Mortgage, Security Agreement (Glimcher Realty Trust), Glimcher Realty Trust
NO CURE OR WAIVER. Neither Mortgagee’s nor any receiver’s entry upon and taking possession of all or any part of the Subject Mortgaged Property and Collateral, 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 Secured ObligationMortgage Obligations, nor the exercise or failure to exercise of any other right or remedy by Mortgagee or any receiver shall impair the status of the security, or cure or waive any breach, Default default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Mortgage Obligations which are then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest created by this Mortgage.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.)
NO CURE OR WAIVER. Neither Mortgagee’s nor or any receiver’s entry upon and taking possession of all or any part of the Subject Property and CollateralProperty, 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 or failure to exercise of any other right or remedy by Mortgagee or any receiver shall impair the status of the security of this Mortgage, or cure or waive any breach, Default or notice of default under this Mortgage, 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 and performed in full and Mortgagor has cured all other defaultsDefaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option of the Subject Property or a subordination of the lien of or security interest created by this Mortgage.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (MGP Ingredients Inc), MGP Ingredients Inc
NO CURE OR WAIVER. Neither MortgageeLender’s nor Trustee’s nor any receiver’s entry upon and taking possession of all or any part of the Subject Property and CollateralProperty, 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 any the exercise or failure to exercise of any other right or remedy by Mortgagee Lender or Trustee or any receiver shall cure or waive any breach, Event of Default or notice of default under this MortgageDeed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and or performed and Mortgagor Borrower has cured all other defaultsEvents of Default hereunder), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee Lender or Trustee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee Lender of any tenancy, lease or option or a subordination of the lien of or security interest created by this MortgageDeed of Trust.
Appears in 1 contract
Samples: Secured Principal LLC
NO CURE OR WAIVER. Neither Mortgagee’s 's nor any receiver’s 's entry upon ----------------- and taking possession of all or any part of the Subject Property and CollateralReal 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 Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest created by this Mortgage.
Appears in 1 contract
Samples: Hammond Residential LLC
NO CURE OR WAIVER. Neither Mortgagee’s nor 's or any receiver’s 's entry upon and taking possession of all or any part of the Subject Property and CollateralProperty, 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 or failure to exercise of any other right or remedy by Mortgagee or any receiver shall impair the status of the security of this Mortgage, or cure or waive any breach, Event of Default or notice of default under this Mortgage, 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 and performed in full and Mortgagor has cured all other defaultsEvents of Default), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option of the Subject Property or a subordination of the lien of or security interest created by this Mortgage.
Appears in 1 contract
NO CURE OR WAIVER. Neither Mortgagee’s 's nor any receiver’s 's entry upon and taking possession of all or any part of the Subject 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 ObligationObligations, nor the exercise or failure to exercise of any other right or remedy by Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s 's liability thereoftherefor, or impair the status of the security, or prejudice Mortgagee or Trustee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest interests created by this Mortgage.
Appears in 1 contract
NO CURE OR WAIVER. Neither Mortgagee’s nor any receiver’s entry upon and taking possession of all or any part of the Subject 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 Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest created by this Mortgage.
Appears in 1 contract
Samples: Steadfast Income REIT, Inc.
NO CURE OR WAIVER. Neither Mortgagee’s 's nor any receiver’s 's entry upon and taking possession of all or any part of the Subject Property and CollateralProperty, 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 Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest created by this Mortgage.
Appears in 1 contract
Samples: Asset Investors Corp
NO CURE OR WAIVER. Neither Mortgagee’s 's nor any receiver’s 's entry ----------------- upon and taking possession of all or any part of the Subject Property and CollateralProperty, 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 Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest created by this Mortgage.
Appears in 1 contract
Samples: Hammond Residential LLC
NO CURE OR WAIVER. Neither Mortgagee’s nor any receiver’s entry upon and taking possession of all or any part of the Subject 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 Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this MortgageDeed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest interests created by this Mortgage.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust, Inc.)
NO CURE OR WAIVER. Neither Mortgagee’s nor any receiver’s entry upon and taking possession of all or any part of the Subject Mortgaged 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 ObligationObligations, nor the exercise or failure to exercise of any other right or remedy by Mortgagee or any receiver shall impair the status of the security, or cure or waive any breach, Default default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations which are then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien Lien of or security interest created by this Mortgage.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Alexion Pharmaceuticals Inc)
NO CURE OR WAIVER. Neither Mortgagee’s 's nor any receiver’s 's entry upon and taking possession of all or any part of the Subject 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 Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest interests created by this Mortgage.
Appears in 1 contract
Samples: Virco MFG Corporation
NO CURE OR WAIVER. Neither Mortgagee’s nor Mortgagee’s nor any receiver’s entry upon and taking possession of all or any part of the Subject 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 Mortgagee or any receiver shall cure or waive any breach, Default or notice of default under this Mortgage, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Mortgagor has cured all other defaults), or limit or impair the Secured Obligations or Mortgagor’s liability thereof, or impair the status of the security, or prejudice Mortgagee in the exercise of any right or remedy, or be construed as an affirmation by Mortgagee of any tenancy, lease or option or a subordination of the lien of or security interest interests created by this Mortgage.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust, Inc.)