Plaintiff demonstrated its entitlement to summary judgment as a matter of law, and defendant-appellant failed to raise a triable issue of fact as to any waiver of plaintiff's right to accelerate the entire debt under the mortgage. In view of the express language of the mortgage, and the lack of any evidence of an agreement to excuse defendant-appellant's default, plaintiff's acceptance of partial payments did not raise an issue of fact as to waiver. We have considered appellant...
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