Common use of Trustor Not Released Clause in Contracts

Trustor Not Released. Extension of the time for payment or modification of the terms of payment of any sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the terms of payment of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor. Without affecting the liability of any person, including Trustor, for the payment of any indebtedness secured hereby, or the lien of this Deed of Trust on the remainder of the Mortgaged Property for the full amount of any such indebtedness and liability unpaid, Beneficiary and Trustee are respectively empowered as follows: Beneficiary may from time to time and without notice (a) release any person liable for the payment of any of the indebtedness, (b) extend the time or otherwise alter the terms of payment of any of the indebtedness, (c) accept additional real or personal property of any kind as security therefor, whether evidenced by deeds of trust, mortgages, security agreement or any other instruments of security, or (d) alter, substitute or release any property securing the indebtedness; Trustee may, at any time, and from time to time, upon the written request of Beneficiary, which Beneficiary may withhold in its sole discretion (1) consent to the making of any map or plat of the Mortgaged Property or any part thereof, (2) join in granting any easement or creating any restriction thereon, (3) join in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof, or (4) reconvey, without any warranty, all or part of the Mortgaged Property.

Appears in 6 contracts

Samples: Agreement and Fixture Filing (Redwood Mortgage Investors IX), Agreement and Fixture Filing (Redwood Mortgage Investors Viii), Agreement and Fixture Filing (Redwood Mortgage Investors IX)

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Trustor Not Released. Extension of the time for payment or modification of the terms of payment of any sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the terms of payment of the sums secured by this the Deed of Trust by reason of any demand made by the original Trustor. Without affecting the liability of any person, including Trustor, for the payment of any indebtedness secured hereby, or the lien of this Deed of Trust on the remainder of the Mortgaged Property for the full amount of any such indebtedness and liability unpaid, Beneficiary and Trustee are respectively empowered as follows: Beneficiary may from time to time and without notice (a) release any person liable for the payment of any of the indebtedness, (b) extend the time or otherwise alter the terms of payment of any of the indebtedness, (c) accept additional real or personal property of any kind as security therefor, whether evidenced by deeds of trust, mortgages, security agreement agreements or any other instruments of security, or (d) alter, substitute or release any property securing the indebtedness; Trustee may, at any time, and from time to time, upon the written request of Beneficiary, which Beneficiary may withhold in its sole discretion (1i) consent to the making of any map or plat of the Mortgaged Property or any part thereof, (2ii) join in granting any easement or creating any restriction thereon, (3iii) join in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof, or (4iv) reconvey, without any warranty, all or part of the Mortgaged Property.

Appears in 2 contracts

Samples: Purchase and Sale Agreement and Escrow Instructions (Limoneira CO), Purchase and Sale Agreement and Escrow Instructions (Limoneira CO)

Trustor Not Released. Extension of the time for payment or modification of the terms of payment of any sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the terms of payment of the sums secured by this the Deed of Trust by reason of any demand made by the original Trustor. Without affecting the liability of any person, including Trustor, for the payment of any indebtedness secured hereby, or the lien of this Deed of Trust on the remainder of the Mortgaged Property for the full amount of any such indebtedness and liability unpaid, Beneficiary and Trustee are respectively empowered as follows: Beneficiary may from time to time and without notice (a) release any person liable for the payment of any of the indebtedness, (b) extend the time or otherwise alter the terms of payment of any of the indebtedness, (c) accept additional real or personal property of any kind as security therefor, whether evidenced by deeds of trust, mortgages, security agreement or any other instruments of security, or (d) alter, substitute or release any property securing the indebtedness; Trustee may, at any time, and from time to time, upon the written request of Beneficiary, which Beneficiary may withhold in its sole discretion (1) consent to the making of any map or plat of the Mortgaged Property or any part thereof, (2) join in granting any easement or creating any restriction thereon, (3) join in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof, or (4) reconvey, without any warranty, all or part of the Mortgaged Property.

Appears in 2 contracts

Samples: Redwood Mortgage Investors Viii, Redwood Mortgage Investors Viii

Trustor Not Released. Extension of the time for payment or modification of the terms of payment of any sums secured by this Deed of Trust Secured Obligation granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the terms of payment of the sums secured by this Deed of Trust Secured Obligations by reason of any demand made by the original Trustor. Without affecting the liability of any person, including Trustor, for the payment of any indebtedness secured herebySecured Obligation, or the lien of this Deed of Trust on the remainder of the Mortgaged Property for the full amount of any such indebtedness and liability unpaid, Beneficiary and Trustee are respectively empowered as follows: Beneficiary may from time to time and without notice (a) release any person liable for the payment of any of the indebtednessSecured Obligations, (b) extend the time or otherwise alter the terms of payment of any of the indebtednessSecured Obligations, (c) accept additional real or personal property of any kind as security therefor, whether evidenced by deeds of trust, mortgages, security agreement or any other instruments of security, security or (d) alter, substitute or release any property securing the indebtednessany Secured Obligation; Trustee may, at any time, and from time to time, upon the written request of Beneficiary, which Beneficiary may withhold in its sole discretion (1e) consent to the making of any map or plat of the Mortgaged Property or any part thereof, (2f) join in granting any easement or creating any restriction thereon, (3g) join in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof, or (4h) reconvey, without any warranty, all or part of the Mortgaged Property.

Appears in 1 contract

Samples: Credit Agreement (Apartment Investment & Management Co)

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Trustor Not Released. Extension of the time for payment or modification of the terms of payment of any sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the terms of payment of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor. Without affecting the liability of any personPerson, including Trustor, for the payment of any indebtedness secured herebythe Secured Obligations, or the lien of this Deed of Trust on the remainder of the Mortgaged Property for the full amount of any such indebtedness and liability unpaidthe unpaid Secured Obligations, Beneficiary and Trustee are respectively empowered as follows: Beneficiary may may, from time to time and without notice notice: (a) release any person liable for the payment of any of the indebtednessSecured Obligations, (b) extend the time or otherwise alter the terms of payment of any of the indebtednessSecured Obligations, (c) accept additional real or personal property of any kind as security therefor, whether evidenced by deeds of trust, mortgages, security agreement agreements or any other instruments of security, or (d) alter, substitute or release any property securing the indebtedness; Trustee maySecured Obligations, at any time, and from time to time, upon the written request of Beneficiary, which Beneficiary may withhold in its sole discretion (1e) consent to the making of any map or plat of the Mortgaged Property or any part thereof, (2f) join in granting any easement or creating any restriction thereon, (3g) join in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof, or (4h) reconvey, without any warranty, release all or part of the Mortgaged PropertyProperty from the liens created in this Deed of Trust.

Appears in 1 contract

Samples: Loan Agreement and Forbearance Agreement (Diversified Corporate Resources Inc)

Trustor Not Released. Extension of the time for payment or modification of the terms of payment of any sums secured by this Deed of Trust Secured Obligation granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the terms of payment of the sums secured by this Deed of Trust Secured Obligations by reason of any demand made by the original Trustor. Without affecting the liability of any person, including Trustor, for the payment of any indebtedness secured herebySecured Obligation, or the lien of this Deed of Trust on the remainder of the Mortgaged Property for the full amount of any such indebtedness and liability unpaid, Beneficiary and Trustee are respectively empowered as follows: Beneficiary may from time to time and without notice (a) release any person liable for the payment of any of the indebtednessSecured Obligations, (b) extend the time or otherwise alter the terms of payment of any of the indebtednessSecured Obligations, (c) accept additional real or personal property of any kind as security therefor, whether evidenced by deeds of trust, mortgages, security agreement or any other instruments of security, security or (d) alter, substitute or release any property securing the indebtednessany Secured Obligation; Trustee may, at any time, and from time to time, upon the written request of Beneficiary, which Beneficiary may withhold in its sole discretion (1e) consent to the making of any map or plat of the Mortgaged Property or any part thereof, (2f) join in granting any easement or creating any restriction thereon, (3g) join in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof, or (4h) reconvey, without any warranty, all or part of the Mortgaged Property.

Appears in 1 contract

Samples: Assignment and Assumption (American Realty Capital Trust, Inc.)

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