Common use of Release of and Resort to Collateral Clause in Contracts

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment and performance of the IndebtednessObligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Trust Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents and without in any way releasing or their status as a first and prior lien and security interest in and to diminishing the Mortgaged Propertyliability of any person or entity liable for the repayment of the Indebtedness or the performance of the Obligations. For payment of the Indebtedness, Beneficiary may resort to any other security therefor held by Beneficiary or Trustee in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest Lien created in or evidenced by the Loan Documents this Deed of Trust or their its status as a first and prior lien and security interest in and to the Lien on Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security therefor held by Trustee in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Secured Debt Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security therefor held in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Trust Property. For payment of the IndebtednessObligations, Beneficiary or Trustee may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the remaining Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien Hen on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Trust Property. For payment of the IndebtednessDebt, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior priority lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien Lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien Lien or security interest (including with respect to the Mortgaged Property) created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Propertyother Collateral Documents. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Credit Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged PropertyCollateral, any part of the Mortgaged Property Collateral without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged PropertyCollateral. For payment of the IndebtednessObligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Related Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest Lien created in or evidenced by the Loan Documents this Deed of Trust or their its status as a first and prior lien and security interest in and to the Lien on Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security therefor held by Trustee in such order and manner as Beneficiary may elect.. Form of Mortgage

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may ----------------------------------- release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien Lien or security interest created in or evidenced by the Loan Documents this Deed of Trust or their status stature as a first and prior lien second Lien and security interest (subject to Permitted Encumbrances) in and to the Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security therefor held by Deed Trustee in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Secured Property, any part of the Mortgaged Secured Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Secured Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.the

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property Collateral without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest Lien created in or evidenced by the Loan Documents this Deed of Trust or their status as a first and prior lien and security interest in and to the Mortgaged Propertyits priority status. For payment of the IndebtednessObligations, Beneficiary may resort to any other security therefor held by Trustee in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest (subject to the Permitted Encumbrances and any Liens permitted by Section 7.01 of the Credit Agreement) in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security security, upon the occurrence of and during the continuance of an Event of Default, in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Secured Documents or their status as a first and prior second lien and security interest in and to the Mortgaged Trust Property. For payment of or performance of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents this Deed of Trust or their its status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged PropertyCollateral, any part of the Mortgaged Property Collateral without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged PropertyCollateral. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest Lien created in or evidenced by the Loan Documents this Deed of Trust or their its status as a first second and prior lien and security interest in and to the Lien on Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security therefor held by Trustee in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Trust Property. For payment of or performance of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Trustee or Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the a holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged PropertyDocuments. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary or Lender may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessDebt, Beneficiary or Lender may resort to any other security in such order and manner as Beneficiary or Lender may elect.

Release of and Resort to Collateral. To the extent permitted by applicable law, Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Note Documents or their status as a first and prior [second] lien and security interest in and to the Mortgaged Property, subject only to the First Deed of Trust. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged PropertyCollateral, any part of the Mortgaged Property Collateral without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged PropertyCollateral. For payment of the IndebtednessLiabilities, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Note Documents or their status as a first and prior second lien and security interest in and to the Mortgaged Trust Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Secured Property, any part of the Mortgaged Secured Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Secured Property. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.