Common use of No Defense; Waiver Clause in Contracts

No Defense; Waiver. Failure to join or to provide notice to tenants under any Leases as defendants in any foreclosure action or suit shall not [i] constitute a defense to such foreclosure; [ii] preclude Lender from obtaining a deficiency judgment or otherwise reduce or diminish the amount of any such judgment in any manner whatsoever; or [iii] give rise to any claims by Tenant, or any person claiming through or under Tenant, against Lender. Upon the request of Lender and to the extent not prohibited by applicable law, Tenant shall execute and file with the clerk of the court a legally sufficient waiver of any statutory waiting period with respect to the execution of a judgment obtained by Lender in connection with any foreclosure proceedings. The obligations of Tenant to so execute and file such waiver shall survive the termination of this Mortgage.

Appears in 2 contracts

Samples: Leasehold Mortgage (Balanced Care Corp), Balanced Care Corp

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No Defense; Waiver. Failure to join or to provide notice to tenants under any Leases as defendants in any foreclosure action or suit shall not [i] constitute a defense to such foreclosure; [ii] preclude Lender from obtaining a deficiency judgment or otherwise reduce or diminish the amount of any such judgment in any manner whatsoever; or [iii] give rise to any claims by TenantBorrower, or any person claiming through or under TenantBorrower, against Lender. Upon the request of Lender and to the extent not prohibited by applicable law, Tenant Borrower shall execute and file with the clerk of the court a legally sufficient waiver of any statutory waiting period with respect to the execution of a judgment obtained by Lender in connection with any foreclosure proceedings. The obligations of Tenant Borrower to so execute and file such waiver shall survive the termination of this Mortgage.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Windrose Medical Properties Trust)

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No Defense; Waiver. Failure to join or to provide notice to tenants under any Leases subtenants of Tenant in the Property as defendants in any foreclosure action or suit shall not [i] constitute a defense for Tenant to such foreclosure; [ii] preclude Lender from obtaining a deficiency judgment against Borrower or otherwise reduce or diminish the amount of any such judgment in any manner whatsoever; or [iii] give rise to any claims by Tenant, or any person claiming through or under Tenant, against Lender. Upon the request of Lender and to the extent not prohibited by applicable law, Tenant shall execute and file with the clerk of the court a legally sufficient waiver of any statutory waiting period with respect to the execution of a judgment obtained by Lender in connection with any foreclosure proceedings. The obligations of Tenant to so execute and file such waiver shall survive the termination of this Mortgage.

Appears in 1 contract

Samples: Leasehold Mortgage (Balanced Care Corp)

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