Common use of No Oral Changes; Waivers Clause in Contracts

No Oral Changes; Waivers. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of a change is sought. The provisions of this Note shall extend and be applicable to all renewals, amendments, extensions, consolidations, and modifications of the Portfolio Mortgages and/or the other Loan Documents, and any and all references herein to the Portfolio Mortgages and/or the Loan Documents shall be deemed to include any such renewals, amendments, extensions, consolidations, or modifications thereof. Maker and any future endorsers, sureties, and guarantors hereof, jointly and severally, waive presentment for payment, demand, notice of nonpayment, notice of dishonor, protest of any dishonor, notice of protest, notice of intent to accelerate, notice of acceleration, and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default (except notice of default required hereby, if any), or enforcement of the payment of this Note, and they agree that the liability of each of them shall, subject to any explicit limits contained herein or in any other Loan Documents, be unconditional without regard to the liability of any other party and shall not be in any manner affected by any indulgence, extension of time, renewal, waiver, or modification granted or consented to by Holder; and Maker and all future endorsers, sureties and guarantors hereof consent to any and all extensions of time, renewals, waivers, or modifications that may be granted by Holder with respect to the payment or other provisions of this Note, and to the release of the collateral, or any part thereof, with or without substitution, and agree that additional makers, endorsers, guarantors, or sureties may become parties hereto or to any other Loan Document without notice to them or without affecting their liability hereunder or under any other Loan Document. Holder shall not by any act of omission or commission be deemed to waive any of its rights or remedies hereunder unless such waiver be in writing and signed by Holder, and then only to the extent specifically set forth therein; a waiver on one event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. The acceptance by Holder of payment hereunder that is less than payment in full of all amounts due at the time of such payment shall not without the express written consent of Holder: (a) constitute a waiver of the right to exercise any of Holder’s remedies at that time or at any subsequent time, (b) constitute an accord and satisfaction, or (c) nullify any prior exercise of any remedy. No failure to cause an Acceleration of Maturity, acceptance of a past due installment, or any indulgence granted from time to time by Holder shall be construed (i) as a novation of this Note or as a reinstatement of the indebtedness evidenced hereby or as a waiver of such right of acceleration or of the right of Holder thereafter to insist upon strict compliance with the terms of this Note, or (ii) to prevent the exercise of such right of acceleration or any other right granted hereunder or by the laws of the Commonwealth of Massachusetts; and, to the maximum extent permitted by law, Maker hereby expressly waives the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing.

No Oral Changes; Waivers. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of a change is sought. The provisions of this Note shall extend and be applicable to all renewals, amendments, extensions, consolidations, and modifications of the Portfolio Mortgages Deed of Trust and/or the other Loan Documents, and any -6- 116 and all references herein to the Portfolio Mortgages Deed of Trust and/or the Loan Documents shall be deemed to include any such renewals, amendments, extensions, consolidations, or modifications thereof. Maker and any future endorsersindorsers, sureties, and guarantors hereof, jointly and severally, waive presentment for payment, demand, notice of nonpayment, notice of dishonor, protest of any dishonor, notice of protest, notice of intent to accelerate, notice of acceleration, and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default (except notice of default required hereby, if any), or enforcement of the payment of this Note, and they agree that the liability of each of them shall, subject to any explicit limits contained herein or in any other Loan Documents, shall be unconditional without regard to the liability of any other party and shall not be in any manner affected by any indulgence, extension of time, renewal, waiver, or modification granted or consented to by the Holder; and Maker and all future endorsersindorsers, sureties and guarantors hereof consent to any and all extensions of time, renewals, waivers, or modifications that may be granted by the Holder hereof with respect to the payment or other provisions of this Note, and to the release of the collateral, or any part thereof, with or without substitution, and agree that additional makers, endorsersindorsers, guarantors, or sureties may become parties hereto or to any other Loan Document without notice to them or without affecting their liability hereunder or under any other Loan Documenthereunder. Holder shall not by any act of omission or commission be deemed to waive any of its rights or remedies hereunder unless such waiver be in writing and signed by Holder, and then only to the extent specifically set forth therein; a waiver on one event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. The acceptance by Holder of payment hereunder that is less than payment in full of all amounts due at the time of such payment shall not without the express written consent of Holder: (ai) constitute a waiver of the right to exercise any of Holder’s 's remedies at that time or at any subsequent time, (bii) constitute an accord and satisfaction, or (ciii) nullify any prior exercise of any remedy. No failure to cause an Acceleration of MaturityMaturity hereof by reason of an Event of Default hereunder, acceptance of a past due installment, or any indulgence indulgences granted from time to time by Holder shall be construed (i) as a novation of this Note or as a reinstatement of the indebtedness evidenced hereby or as a waiver of such right of acceleration or of the right of Holder thereafter to insist upon strict compliance with the terms of this Note, or (ii) to prevent the exercise of such right of acceleration or any other right granted hereunder or by the laws of the Commonwealth of Massachusetts; and, to To the maximum extent permitted by law, Maker hereby expressly waives and renounces for itself, its heirs, successors and assigns, all rights to the benefit benefits of any statute or rule of law or equity limitations and any moratorium, reinstatement, marshalling, forbearance, valuation, stay, extension, redemption, and appraisement now provided, or which may hereafter be provided, which would produce a result contrary by the Constitution and laws of the United States of America and of any state thereof, both as to or itself and in conflict with and to all of its property, real and personal, against the foregoingenforcement and collection of the obligations evidenced by this Note.

No Oral Changes; Waivers. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of a change is sought. The provisions of this Note shall extend and be applicable to all renewals, amendments, extensions, consolidations, and modifications of the Portfolio Mortgages Deed of Trust and/or the other Loan Documents, and any - 6 - 130 and all references herein to the Portfolio Mortgages Deed of Trust and/or the Loan Documents shall be deemed to include any such renewals, amendments, extensions, consolidations, or modifications thereof. Maker and any future endorsersindorsers, sureties, and guarantors hereof, jointly and severally, waive presentment for payment, demand, notice of nonpayment, notice of dishonor, protest of any dishonor, notice of protest, notice of intent to accelerate, notice of acceleration, and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default (except notice of default required hereby, if any), or enforcement of the payment of this Note, and they agree that the liability of each of them shall, subject to any explicit limits contained herein or in any other Loan Documents, shall be unconditional without regard to the liability of any other party and shall not be in any manner affected by any indulgence, extension of time, renewal, waiver, or modification granted or consented to by the Holder; and Maker and all future endorsersindorsers, sureties and guarantors hereof consent to any and all extensions of time, renewals, waivers, or modifications that may be granted by the Holder hereof with respect to the payment or other provisions of this Note, and to the release of the collateral, or any part thereof, with or without substitution, and agree that additional makers, endorsersindorsers, guarantors, or sureties may become parties hereto or to any other Loan Document without notice to them or without affecting their liability hereunder or under any other Loan Documenthereunder. Holder shall not by any act of omission or commission be deemed to waive any of its rights or remedies hereunder unless such waiver be in writing and signed by Holder, and then only to the extent specifically set forth therein; a waiver on one event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. The acceptance by Holder of payment hereunder that is less than payment in full of all amounts due at the time of such payment shall not without the express written consent of Holder: (ai) constitute a waiver of the right to exercise any of Holder’s 's remedies at that time or at any subsequent time, (bii) constitute an accord and satisfaction, or (ciii) nullify any prior exercise of any remedy. No failure to cause an Acceleration of MaturityMaturity hereof by reason of an Event of Default hereunder, acceptance of a past due installment, or any indulgence indulgences granted from time to time by Holder shall be construed (i) as a novation of this Note or as a reinstatement of the indebtedness evidenced hereby or as a waiver of such right of acceleration or of the right of Holder thereafter to insist upon strict compliance with the terms of this Note, or (ii) to prevent the exercise of such right of acceleration or any other right granted hereunder or by the laws of the Commonwealth of Massachusetts; and, to To the maximum extent permitted by law, Maker hereby expressly waives and renounces for itself, its heirs, successors and assigns, all rights to the benefit benefits of any statute or rule of law or equity limitations and any moratorium, reinstatement, marshalling, forbearance, valuation, stay, extension, redemption, and appraisement now provided, or which may hereafter be provided, which would produce a result contrary by the Constitution and laws of the United States of America and of any state thereof, both as to or itself and in conflict with and to all of its property, real and personal, against the foregoingenforcement and collection of the obligations evidenced by this Note.

No Oral Changes; Waivers. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of a change is sought. The provisions of this Note shall extend and be applicable to all renewals, amendments, extensions, consolidations, and modifications of the Portfolio Mortgages and/or the other Loan Documents, and any and all references herein to the Portfolio Mortgages and/or the Loan Documents shall be deemed to include any such renewals, amendments, extensions, consolidations, or modifications thereof. Maker and any future endorsers, sureties, and guarantors hereof, jointly and severally, waive presentment for payment, demand, notice of nonpayment, notice of dishonor, protest of any dishonor, notice of protest, notice of intent to accelerate, notice of acceleration, and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default (except notice of default required hereby, if any), or enforcement of the payment of this Note, and they agree that the liability of each of them shall, subject to any explicit limits contained herein or in any other Loan Documents, be unconditional without regard to the liability of any other party and shall not be in any manner affected by any indulgence, extension of time, renewal, waiver, or modification granted or consented to by Holder; and Maker and all future endorsers, sureties and guarantors hereof consent to any and all extensions of time, renewals, waivers, or modifications that may be granted by Holder with respect to the payment or other provisions of this Note, and to the release of the collateral, or any part thereof, with or without substitution, and agree that additional makers, endorsers, guarantors, or sureties may become parties hereto or to any other Loan Document without notice to them or without affecting their liability hereunder or under any other Loan Document. Holder shall not by any act of omission or commission be deemed to waive any of its rights or remedies hereunder unless such waiver be in writing and signed by Holder, and then only to the extent specifically set forth therein; a waiver on one event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. The acceptance by Holder of payment hereunder that is less than payment in full of all amounts due at the time of such payment shall not without the express written consent of Holder: (a) constitute a waiver of the right to exercise any of Holder’s remedies at that time or at any subsequent time, (b) constitute an accord and satisfaction, or (c) nullify any prior exercise of any remedy. No failure to cause an Acceleration of Maturity, acceptance of a past due installment, or any indulgence granted from time to time by Holder shall be construed (i) as a novation of this Note or as a reinstatement of the indebtedness evidenced hereby or as a waiver of such right of acceleration or of the right of Holder thereafter to insist upon strict compliance with the terms of this Note, or (ii) to prevent the exercise of such right of acceleration or any other right granted hereunder or by the laws of the Commonwealth of Massachusetts; and, to the maximum extent permitted by law, Maker hereby expressly waives the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing.. To the maximum extent permitted by law, Maker hereby waives and renounces for itself, its heirs, successors and assigns, all rights to the benefits of any statute of limitations and any moratorium laws and any and all present and future laws which (i) exempt any of the Security or any other real or personal property or any part of the proceeds of any sale of any such property from attachment, levy, foreclosure or sale under execution, (ii) provide for any reinstatement, marshaling, forbearance, valuation, stay of execution, extension of time for payment,

No Oral Changes; Waivers. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of a change is sought. The provisions of this Note shall extend and be applicable to all renewals, amendments, extensions, consolidations, and modifications of the Portfolio Mortgages Deed of Trust and/or the other Loan Documents, and any -6- 102 and all references herein to the Portfolio Mortgages Deed of Trust and/or the Loan Documents shall be deemed to include any such renewals, amendments, extensions, consolidations, or modifications thereof. Maker and any future endorsersindorsers, sureties, and guarantors hereof, jointly and severally, waive presentment for payment, demand, notice of nonpayment, notice of dishonor, protest of any dishonor, notice of protest, notice of intent to accelerate, notice of acceleration, and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default (except notice of default required hereby, if any), or enforcement of the payment of this Note, and they agree that the liability of each of them shall, subject to any explicit limits contained herein or in any other Loan Documents, shall be unconditional without regard to the liability of any other party and shall not be in any manner affected by any indulgence, extension of time, renewal, waiver, or modification granted or consented to by the Holder; and Maker and all future endorsersindorsers, sureties and guarantors hereof consent to any and all extensions of time, renewals, waivers, or modifications that may be granted by the Holder hereof with respect to the payment or other provisions of this Note, and to the release of the collateral, or any part thereof, with or without substitution, and agree that additional makers, endorsersindorsers, guarantors, or sureties may become parties hereto or to any other Loan Document without notice to them or without affecting their liability hereunder or under any other Loan Documenthereunder. Holder shall not by any act of omission or commission be deemed to waive any of its rights or remedies hereunder unless such waiver be in writing and signed by Holder, and then only to the extent specifically set forth therein; a waiver on one event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. The acceptance by Holder of payment hereunder that is less than payment in full of all amounts due at the time of such payment shall not without the express written consent of Holder: (ai) constitute a waiver of the right to exercise any of Holder’s 's remedies at that time or at any subsequent time, (bii) constitute an accord and satisfaction, or (ciii) nullify any prior exercise of any remedy. No failure to cause an Acceleration of MaturityMaturity hereof by reason of an Event of Default hereunder, acceptance of a past due installment, or any indulgence indulgences granted from time to time by Holder shall be construed (i) as a novation of this Note or as a reinstatement of the indebtedness evidenced hereby or as a waiver of such right of acceleration or of the right of Holder thereafter to insist upon strict compliance with the terms of this Note, or (ii) to prevent the exercise of such right of acceleration or any other right granted hereunder or by the laws of the Commonwealth of Massachusetts; and, to To the maximum extent permitted by law, Maker hereby expressly waives and renounces for itself, its heirs, successors and assigns, all rights to the benefit benefits of any statute or rule of law or equity limitations and any moratorium, reinstatement, marshalling, forbearance, valuation, stay, extension, redemption, and appraisement now provided, or which may hereafter be provided, which would produce a result contrary by the Constitution and laws of the United States of America and of any state thereof, both as to or itself and in conflict with and to all of its property, real and personal, against the foregoingenforcement and collection of the obligations evidenced by this Note.

No Oral Changes; Waivers. This Note may not be changed orally, but ------------------------ only by an agreement in writing signed by the party against whom enforcement of a change is sought. The provisions of this Note shall extend and be applicable to all renewals, amendments, extensions, consolidations, and modifications of the Portfolio Mortgages Mortgage and/or the other Loan Documents, and any and all references herein to the Portfolio Mortgages Mortgage and/or the Loan Documents shall be deemed to include any such renewals, amendments, extensions, consolidations, or modifications thereof. Maker and any future endorsersindorsers, sureties, and guarantors hereofhereof (each an "Obligor"), jointly and severally, waive presentment for payment, demand, notice of nonpayment, notice of dishonor, protest of any dishonor, notice of protest, notice of intent to accelerate, notice of acceleration, and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default (except notice of default required hereby, if any), or enforcement of the payment of this Note, and they agree that the liability of each of them shall, subject to any explicit limits contained herein or in any other Loan Documents, shall be unconditional without regard to the liability of any other party and shall not be in any manner affected by any an indulgence, extension of time, renewal, waiver, or modification granted or consented to by the Holder; and Maker and all future endorsers, sureties and guarantors hereof Obligors hereby consent to any and all extensions of time, renewals, waivers, or modifications that may be granted by the Holder hereof with respect to the payment or other provisions of this Note, and to the release of the collateralSecurity, or any part thereof, with or without substitution, and agree that additional makers, endorsers, guarantors, or sureties Obligors may become parties hereto or to any other Loan Document without notice to them or without affecting their liability hereunder or under any other Loan Documenthereunder. Holder shall not by any act of omission or commission be deemed to waive any of its rights or remedies hereunder unless such waiver be in writing and signed by Holder, and then only to the extent specifically set forth therein; a waiver on one event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. The acceptance by Holder of payment hereunder that is less than payment in full of all amounts due at the time of such payment shall not without the express written consent of Holder: (ai) constitute a waiver of the right to exercise any of Holder’s 's remedies at that time or at any subsequent time, (bii) constitute an accord and satisfaction, or (ciii) nullify any prior exercise of any remedy. No failure to cause an Acceleration of MaturityMaturity hereof after the occurrence and during the continuation of an Event of Default hereunder, acceptance of a past due installment, or any indulgence indulgences granted from time to time by Holder shall be construed (i) as a novation of this Note or as a reinstatement of the indebtedness evidenced hereby or as a waiver of such right of acceleration or of the right of Holder thereafter to insist upon strict compliance with the terms of this Note, or (ii) to prevent the exercise of such right of acceleration or any other right granted hereunder or by the laws of the Commonwealth State of MassachusettsNew Jersey; and, to the maximum extent permitted by law, Maker hereby expressly waives the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing. To the maximum extent permitted by law, Maker hereby waives and renounces for itself, its heirs, successors and assigns, all rights to the benefits of any statute of limitations and any moratorium, reinstatement, marshalling, forbearance, valuation, stay, extension, redemption, and appraisement, now provided, or which may hereafter be provided, by the Constitution and laws of the United States of America and of any state thereof, both as to itself and in and to all of its property, real and personal, against the enforcement and collection of the obligations evidenced by this Note.