Common use of Remedies Conferred Upon Lender Clause in Contracts

Remedies Conferred Upon Lender. (f) Upon the occurrence and during the continuation of an Event of Default, all or any one or more of the rights, powers, privileges and other remedies available to Lender against Borrower under this Agreement or any of the other Loan Documents executed and delivered by, or applicable to, Borrower or at law or in equity may be exercised by Lender at any time and from time to time, whether or not all or any of the Indebtedness shall be declared due and payable, and whether or not Lender shall have commenced any foreclosure proceeding or other action for the enforcement of its rights and remedies under any of the Loan Documents with respect to the Facility. Any such actions taken by Lender shall be cumulative and concurrent and may be pursued independently, singly, successively, together or otherwise, at such time and in such order as Lender may determine in its sole discretion, to the fullest extent permitted by law, without impairing or otherwise affecting the other rights and remedies of Lender permitted by law, equity or contract or as set forth herein or in the other Loan Documents. Without limiting the generality of the foregoing, Borrower agrees that if an Event of Default is continuing (i) to the extent not prohibited by applicable Law, Lender is not subject to any “one action” or “election of remedies” law or rule, and (ii) all liens and other rights, remedies or privileges provided to Lender shall remain in full force and effect until Lender has foreclosed upon its rights in the Facility under the Deed of Trust or otherwise realized upon any security held by Lender in satisfaction of the Indebtedness or the Indebtedness has been paid in full.

Remedies Conferred Upon Lender. (f) Upon Lender's rights, remedies and powers, as provided herein and the occurrence other Loan Documents, are cumulative and concurrent, and may be pursued singly, successively or together against Borrower, Guarantor, the security described in the Loan Documents, and any other security given at any time to secure the payment hereof, all at the sole and absolute discretion of Lender, it being the intent hereof that none of such rights, remedies or powers shall be to the exclusion of any other. Additionally, Lender may resort to every other right or remedy available at Law or in equity without first exhausting the rights and remedies contained herein, all in Lender's sole and absolute discretion. Failure of Lender, for any period of time or on more than one occasion, to exercise its option to accelerate the Maturity Date shall not constitute a waiver of the right to exercise the same at any time during the continuation continued existence of an any Event of Default or any subsequent Event of Default. In the event that Borrower fails to perform any of Borrower's covenants, all agreements or any one or more of the rights, powers, privileges and other remedies available to Lender against Borrower under obligations contained in this Agreement or any of the other Loan Documents executed (after the expiration of applicable grace periods, except in the event of an emergency or other exigent circumstances), Lender may (but shall not be required to) perform any of such covenants, agreements and delivered byobligations, or applicable to, Borrower or at law or in equity may be exercised and any amounts expended by Lender in so doing and shall constitute additional Indebtedness evidenced by the Note and secured by the Security Instrument and the other Loan Documents and shall bear interest at a rate per annum equal to the Interest Rate (or Default Rate following an Event of Default). In addition, at any time and from time to timeafter the occurrence of any Event of Default, whether Lender may pursue any one or not all or any more of the Indebtedness shall be declared due and payable, and whether or not Lender shall have commenced any foreclosure proceeding or other action for the enforcement of its rights and remedies under any of the Loan Documents with respect to the Facility. Any such actions taken by Lender shall be cumulative and concurrent and may be pursued independently, singly, successively, together or otherwise, at such time and in such order as Lender may determine in its sole discretion, to the fullest extent permitted by law, without impairing or otherwise affecting the other rights and remedies of Lender permitted by law, equity or contract or as set forth herein or in the other Loan Documents. Without limiting the generality of the foregoing, Borrower agrees that if an Event of Default is continuing (i) to the extent not prohibited by applicable Law, Lender is not subject to any “one action” or “election of following remedies” law or rule, and (ii) all liens and other rights, remedies or privileges provided to Lender shall remain in full force and effect until Lender has foreclosed upon its rights in the Facility under the Deed of Trust or otherwise realized upon any security held by Lender in satisfaction of the Indebtedness or the Indebtedness has been paid in full.:

Remedies Conferred Upon Lender. (f) Upon Lender’s rights, remedies and powers, as provided herein and the occurrence other Loan Documents, are cumulative and concurrent, and may be pursued singly, successively or together against Borrower, any Guarantor, the security described in the Loan Documents, and any other security given at any time to secure the payment hereof, all at the sole and absolute discretion of Lender, it being the intent hereof that none of such rights, remedies or powers shall be to the exclusion of any other. Additionally, Lender may resort to every other right or remedy available at Law or in equity without first exhausting the rights and remedies contained herein, all in Lender’s sole and absolute discretion. Failure of Lender, for any period of time or on more than one occasion, to exercise its option to accelerate the Maturity Date shall not constitute a waiver of the right to exercise the same at any time during the continuation continued existence of an any Event of Default or any subsequent Event of Default. In the event that Borrower fails to perform any of Borrower’s covenants, all agreements or any one or more of the rights, powers, privileges and other remedies available to Lender against Borrower under obligations contained in this Agreement or any of the other Loan Documents executed (after the expiration of applicable grace periods, except in the event of an emergency or other exigent circumstances), Lender may (but shall not be required to) perform any of such covenants, agreements and delivered byobligations, or applicable to, Borrower or at law or in equity may be exercised and any amounts expended by Lender in so doing and shall constitute additional Indebtedness evidenced by the Note and secured by the Security Instrument and the other Loan Documents and shall bear interest at a rate per annum equal to the Interest Rate (or Default Rate following an Event of Default). In addition, at any time and from time to timeafter the occurrence of any Event of Default, whether Lender may pursue any one or not all or any more of the Indebtedness shall be declared due and payable, and whether or not Lender shall have commenced any foreclosure proceeding or other action for the enforcement of its rights and remedies under any of the Loan Documents with respect to the Facility. Any such actions taken by Lender shall be cumulative and concurrent and may be pursued independently, singly, successively, together or otherwise, at such time and in such order as Lender may determine in its sole discretion, to the fullest extent permitted by law, without impairing or otherwise affecting the other rights and remedies of Lender permitted by law, equity or contract or as set forth herein or in the other Loan Documents. Without limiting the generality of the foregoing, Borrower agrees that if an Event of Default is continuing (i) to the extent not prohibited by applicable Law, Lender is not subject to any “one action” or “election of following remedies” law or rule, and (ii) all liens and other rights, remedies or privileges provided to Lender shall remain in full force and effect until Lender has foreclosed upon its rights in the Facility under the Deed of Trust or otherwise realized upon any security held by Lender in satisfaction of the Indebtedness or the Indebtedness has been paid in full.:

Remedies Conferred Upon Lender. (f) Upon Lender’s rights, remedies and powers, as provided herein and the occurrence other Loan Documents, are cumulative and concurrent, and may be pursued singly, successively or together against Borrower, Guarantor, the security described in the Loan Documents, and any other security given at any time to secure the payment hereof, all at the sole and absolute discretion of Lender, it being the intent hereof that none of such rights, remedies or powers shall be to the exclusion of any other. Additionally, Lender may resort to every other right or remedy available at Law or in equity without first exhausting the rights and remedies contained herein, all in Lender’s sole and absolute discretion. Failure of Lender, for any period of time or on more than one occasion, to exercise its option to accelerate the Maturity Date shall not constitute a waiver of the right to exercise the same at any time during the continuation continued existence of an any Event of Default or any subsequent Event of Default. In the event that Borrower fails to perform any of Borrower’s covenants, all agreements or any one or more of the rights, powers, privileges and other remedies available to Lender against Borrower under obligations contained in this Agreement or any of the other Loan Documents executed (after the expiration of applicable grace periods, except in the event of an emergency or other exigent circumstances), Lender may (but shall not be required to) perform any of such covenants, agreements and delivered byobligations, or applicable to, Borrower or at law or in equity may be exercised and any amounts expended by Lender in so doing and shall constitute additional Indebtedness evidenced by the Note and secured by the Security Instrument and the other Loan Documents and shall bear interest at a rate per annum equal to the Interest Rate (or Default Rate following an Event of Default). In addition, at any time and from time to timeafter the occurrence of any Event of Default, whether Lender may pursue any one or not all or any more of the Indebtedness shall be declared due and payable, and whether or not Lender shall have commenced any foreclosure proceeding or other action for the enforcement of its rights and remedies under any of the Loan Documents with respect to the Facility. Any such actions taken by Lender shall be cumulative and concurrent and may be pursued independently, singly, successively, together or otherwise, at such time and in such order as Lender may determine in its sole discretion, to the fullest extent permitted by law, without impairing or otherwise affecting the other rights and remedies of Lender permitted by law, equity or contract or as set forth herein or in the other Loan Documents. Without limiting the generality of the foregoing, Borrower agrees that if an Event of Default is continuing (i) to the extent not prohibited by applicable Law, Lender is not subject to any “one action” or “election of following remedies” law or rule, and (ii) all liens and other rights, remedies or privileges provided to Lender shall remain in full force and effect until Lender has foreclosed upon its rights in the Facility under the Deed of Trust or otherwise realized upon any security held by Lender in satisfaction of the Indebtedness or the Indebtedness has been paid in full.: