Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage and all rights, remedies and recourse of Mortgagee shall continue as if such action or exercise of a right had not been invoked.
Appears in 3 contracts
Samples: Security Agreement (Global Income Trust, Inc.), Open End Mortgage, and Security Agreement (KVH Industries Inc \De\), Loan Agreement (Founders Food & Firkins LTD /Mn)
Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage Secured Hereby. This Mortgage, the Premises and all rights, remedies and recourse of the Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.
Appears in 2 contracts
Samples: Security Agreement (Talon Real Estate Holding Corp.), Mortgage and Security Agreement and Fixture Financing (Navarre Corp /Mn/)
Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness Indebtedness. This Mortgage, the interest of Mortgagee in which case this Mortgage the Mortgaged Property and all rights, remedies and recourse of Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Famous Daves of America Inc), Mortgage and Security Agreement (Famous Daves of America Inc)
Right to Discontinue Proceedings. In the event the Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, the Mortgagee shall have the unqualified right to do so and in such event the Mortgagor and the Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage Secured Hereby. This Mortgage, the Premises and all rights, remedies and recourse of the Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.
Appears in 2 contracts
Samples: Mortgage and Security Agreement and Fixture Financing Statement (Lundgren Bros Construction Inc), Mortgage and Security Agreement and Fixture Financing Statement (First Team Sports Inc)
Right to Discontinue Proceedings. In the event --------------------------------- Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case indebtedness secured by this Mortgage Mortgage. This Mortgage, the Property and all rights, remedies and recourse of the Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.
Appears in 1 contract
Right to Discontinue Proceedings. In the event the Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, the Mortgagee shall have the unqualified right to do so and in such event the Mortgagor and the Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage indebtedness secured hereby. This Mortgage, the Mortgaged Estate and all rights, remedies and recourse of the Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.
Appears in 1 contract
Samples: Leasehold 180 Day Redemption Mortgage and Security Agreement (Granite City Food & Brewery LTD)
Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case this Mortgage Secured Hereby. This Mortgage, the Premises and all rights, remedies and recourse recourses of Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.
Appears in 1 contract
Samples: Security Agreement (Netreit, Inc.)
Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect to the Indebtedness in which case Secured Hereby, and this Mortgage Mortgage, the Premises and all rights, remedies and recourse of the Mortgagee shall continue as if such action or exercise of a right the same had not been invoked.
Appears in 1 contract
Samples: Mortgage and Security Agreement and Fixture Financing Statement (Wsi Industries Inc)
