Common use of Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws Clause in Contracts

Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Grantor agrees, to the full extent permitted by law, that neither the Grantor nor anyone claiming through or under it shall set up, claim or seek to take advantage of any appraisement, valuation, stay, homestead or extension law, whether now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust or the absolute sale of the Trust Property or the final and absolute putting into possession thereof, immediately after such sale, of the purchaser thereof; and the Grantor, for itself and all who may at any time claim through or under it, hereby waives, to the full extent that it may lawfully so do, the benefit of all such laws and any right to have the assets comprising the Trust Property marshaled upon any foreclosure of the encumbrance hereof and agrees that the Agent or any court having jurisdiction to foreclose such encumbrance may sell the Trust Property in part or as an entirety. To the full extent permitted by law, the Grantor irrevocably waives all statutory or other rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust, on its own behalf and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date hereof. The Grantor further waives, to the full extent it may lawfully do so, all statutory and other rights in its favor, limiting concurrent actions to foreclose this Deed of Trust and the exercise of other rights with respect to the Obligations Secured, including any right vested in the Grantor or any affiliate to limit the right of the Agent to pursue or commence concurrent actions against the Grantor or any such affiliate or any property owned by any one or more of them. Grantor further waives, to the extent permitted by applicable law, all errors and imperfections in any proceedings instituted by Agent or Trustee under this Deed of Trust and all notices of any Event of Default (except as may be provided for under the terms of this Deed of Trust) or of Agent’s or Trustee’s election to exercise or its actual exercise of any right, remedy or recourse provided for under this Deed of Trust.

Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Grantor Mortgagor agrees, to the full extent permitted by law, that neither the Grantor Mortgagor nor anyone claiming through or under it shall set up, claim or seek to take advantage of any appraisement, valuation, stay, homestead or extension law, whether now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust Mortgage or the absolute sale of the Trust Mortgaged Property or the final and absolute putting into possession thereof, immediately after such sale, of the purchaser thereof; and the GrantorMortgagor, for itself and all who may at any time claim through or under it, hereby waives, to the full extent that it may lawfully so do, the benefit of all such laws and any right to have the assets comprising the Trust Mortgaged Property marshaled upon any foreclosure of the encumbrance lien hereof and agrees that the Agent or any court having jurisdiction to foreclose such encumbrance lien may sell the Trust Mortgaged Property in part or as an entirety. To the full extent permitted by law, the Grantor Mortgagor irrevocably waives all statutory or other rights of redemption from sale under any order or decree of foreclosure of this Deed of TrustMortgage, on its own behalf and on behalf of each and every person acquiring any interest in or title to the Trust Mortgaged Property subsequent to the date hereof. The Grantor Mortgagor further waives, to the full extent it may lawfully do so, all statutory and other rights in its favor, limiting concurrent actions to foreclose this Deed of Trust Mortgage and the exercise of other rights with respect to the Obligations Secured, including any right vested in the Grantor Mortgagor or any affiliate to limit the right of the Agent to pursue or commence concurrent actions against the Grantor Mortgagor or any such affiliate or any property owned by any one or more of them. Grantor further waives, to the extent permitted by applicable law, all errors and imperfections in any proceedings instituted by Agent or Trustee under this Deed of Trust and all notices of any Event of Default (except as may be provided for under the terms of this Deed of Trust) or of Agent’s or Trustee’s election to exercise or its actual exercise of any right, remedy or recourse provided for under this Deed of Trust.

Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Grantor agrees, to To the full extent permitted by law, that Borrower agrees upon the occurrence of an Event of Default, neither the Grantor Borrower nor anyone claiming by, through or under it Borrower, shall set up, claim or seek to take advantage of any appraisement, valuation, stay, homestead extension or extension law, whether redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust or the absolute sale any of the Trust Property Liens in favor of Lender, including without limitation the Mortgage, or the final and absolute putting into possession thereof, immediately after such sale, sale of the purchaser thereof; property encumbered by the Mortgage or the final and absolute possession of the Grantorproperty encumbered by the Mortgage by the purchasers in foreclosure, and Borrower, for itself and for all who may at any time claim through or under it, hereby waives, waives to the full extent that it may lawfully do so do, the benefit of all such laws and any and all right to have the assets comprising the Trust Property property encumbered by the Mortgage marshaled upon any foreclosure of the encumbrance hereof and Borrower agrees that the Agent or any court having jurisdiction to foreclose such encumbrance property encumbered by the Mortgage may sell the Trust Property be sold in part or as an its entirety. To the full extent permitted Any money collected by law, the Grantor irrevocably waives all statutory Lender or other rights received by Lender following pursuit by Lender of redemption from sale any remedy hereunder or under any order or decree of foreclosure of this Deed of Trust, on its own behalf and on behalf of each and every person acquiring any interest in or title the Loan Documents shall be applied to the Trust Property subsequent to payment of the date hereof. The Grantor further waivescompensation, expenses, costs and disbursements of the agents and attorneys of Lender, to the full extent it may lawfully do sopayment of the amounts of accrued interest and principal and any other amount due and unpaid under the Loan, all statutory and other rights in its favor, limiting concurrent actions to foreclose this Deed of Trust and the exercise of other rights with respect to the Obligations Securedpayment of all other Obligations, including any right vested in the Grantor or any affiliate to limit the right of the Agent to pursue or commence concurrent actions against the Grantor or any such affiliate or any property owned by any one or more of them. Grantor further waives, to the extent permitted by applicable law, all errors and imperfections in any proceedings instituted by Agent or Trustee under this Deed of Trust and all notices of any Event of Default (except order as Lender may be provided for under the terms of this Deed of Trust) or of Agent’s or Trustee’s election to exercise or its actual exercise of any right, remedy or recourse provided for under this Deed of Trustdetermine.

Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Grantor agrees, to To the full extent permitted by law, that Borrower agrees upon the occurrence of an Event of Default, neither the Grantor Borrower nor anyone claiming by, through or under it Borrower, shall set up, claim or seek to take advantage of any appraisement, valuation, stay, homestead extension or extension law, whether redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust or the absolute sale any of the Trust Property Liens in favor of Lender, including without limitation any Sub-Loan Mortgage, or the final and absolute putting into possession thereof, immediately after such sale, sale of the purchaser thereof; property encumbered by the Sub-Loan Mortgage or the final and absolute possession of the Grantorproperty encumbered by the Sub-Loan Mortgage by the purchasers in foreclosure, and Borrower, for itself and for all who may at any time claim through or under it, hereby waives, waives to the full extent that it may lawfully do so do, the benefit of all such laws and any and all right to have the assets comprising the Trust Property property encumbered by the Sub-Loan Mortgage marshaled upon any foreclosure of the encumbrance hereof and Borrower agrees that the Agent or any court having jurisdiction to foreclose such encumbrance property encumbered by the Sub-Loan Mortgage may sell the Trust Property be sold in part or as an its entirety. To the full extent permitted Any money collected by lawLender or received by Lender following pursuit by Lender of any remedy hereunder, the Grantor irrevocably waives all statutory or other rights of redemption from sale under any order Sub-Loan Agreement or decree under any of foreclosure of this Deed of Trust, on its own behalf and on behalf of each and every person acquiring any interest in or title the Sub-Loan Documents shall be applied to the Trust Property subsequent to payment of the date hereof. The Grantor further waivescompensation, expenses, costs and disbursements of the agents and attorneys of Lender, to the full extent it may lawfully do sopayment of the amounts of accrued interest and principal and any other amount due and unpaid under the Sub-Loan, all statutory and other rights in its favor, limiting concurrent actions to foreclose this Deed of Trust and the exercise of other rights with respect to the Obligations Securedpayment of all other Obligations, including any right vested in the Grantor or any affiliate to limit the right of the Agent to pursue or commence concurrent actions against the Grantor or any such affiliate or any property owned by any one or more of them. Grantor further waives, to the extent permitted by applicable law, all errors and imperfections in any proceedings instituted by Agent or Trustee under this Deed of Trust and all notices of any Event of Default (except order as Lender may be provided for under the terms of this Deed of Trust) or of Agent’s or Trustee’s election to exercise or its actual exercise of any right, remedy or recourse provided for under this Deed of Trustdetermine.

Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Grantor agrees, to the full extent permitted by law, that neither the Grantor nor anyone claiming through or under it shall set up, claim or seek to take advantage of any appraisement, valuation, stay, homestead or extension law, whether now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust or the absolute sale of the Trust Mortgaged Property or the final and absolute putting into possession thereof, immediately after such sale, of the purchaser thereof; and the Grantor, for itself and all who may at any time claim through or under it, hereby waives, to the full extent that it may lawfully so do, the benefit of all such laws and any right to have the assets comprising the Trust Mortgaged Property marshaled upon any foreclosure of the encumbrance lien hereof and agrees that the Agent or any court having jurisdiction to foreclose such encumbrance lien may sell the Trust Mortgaged Property in part or as an entirety. To the full extent permitted by law, the Grantor irrevocably waives all statutory or other rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust, on its own behalf and on behalf of each and every person acquiring any interest in or title to the Trust Mortgaged Property subsequent to the date hereof. The Grantor further waives, to the full extent it may lawfully do so, all statutory and other rights in its favor, limiting concurrent actions to foreclose this Deed of Trust and the exercise of other rights with respect to the Obligations Secured, including any right vested in the Grantor or any affiliate to limit the right of the Agent to pursue or commence concurrent actions against the Grantor or any such affiliate or any property owned by any one or more of them. Grantor further waivesalso expressly waives all rights of redemption, to whether statutory or otherwise including, but not limited to, the extent permitted by applicable law, all errors equity of redemption and imperfections in the statutory right of redemption provided under T.C.A. §66-8-101 et seq. and under any proceedings instituted by Agent similar or Trustee under this Deed of Trust and all notices of any Event of Default (except as may be provided for under the terms of this Deed of Trust) or of Agent’s or Trustee’s election to exercise or its actual exercise of any right, remedy or recourse provided for under this Deed of Trustsuccessor statute.

Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Grantor To the full extent permitted by law, Trustor waives and agrees not to assert: (i) any right to require Beneficiary to proceed against any Guarantor, to proceed against or exhaust any other security for the Liabilities, to pursue any other remedy available to Beneficiary, or to pursue any remedy in any particular order or manner; (ii) the benefits of any legal or equitable doctrine or principle of marshaling; (iii) the benefits of any statute of limitations affecting the enforcement hereof; and (iv) demand, diligence, presentment for payment, protest and demand, and notice of extension, dishonor, protest, demand and nonpayment, relating to the Liabilities. Trustor agrees, to the full extent permitted by law, that at all times following an Event of Default, neither the Grantor Trustor nor anyone claiming through or under it shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, homestead or extension law, whether laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust or the absolute sale of the Trust Property Collateral or the final and absolute putting into possession thereof, immediately after such sale, of the purchaser thereof; , and the GrantorTrustor, for itself and all who may at any time claim through or under it, hereby waives, to the full extent that it may lawfully so do, the benefit of all such laws laws, and any and all right to have the assets comprising the Trust Property Collateral marshaled upon any foreclosure of the encumbrance lien hereof and agrees that the Agent Beneficiary or any court having jurisdiction to foreclose such encumbrance lien may sell the Trust Property Collateral in part or as an entirety. To the full extent permitted by law, the Grantor irrevocably Trustor hereby waives any and all statutory or other rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust, on its own behalf and on behalf of each and every person acquiring any interest in or title to the Trust Property Collateral subsequent to the date hereof. The Grantor further waives, to the full extent it may lawfully do so, all statutory and other rights in its favor, limiting concurrent actions to foreclose this Deed of Trust and the exercise of other rights with respect to the Obligations Secured, including any right vested in the Grantor or any affiliate to limit the right of the Agent to pursue or commence concurrent actions against the Grantor or any such affiliate or any property owned by any one or more of them. Grantor further waives, to the extent permitted by applicable law, all errors and imperfections in any proceedings instituted by Agent or Trustee under this Deed of Trust and all notices of any Event of Default (except as may be provided for under the terms of this Deed of Trust) or of Agent’s or Trustee’s election to exercise or its actual exercise of any right, remedy or recourse provided for under this Deed of Trust.

Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Grantor Borrower agrees, to the full extent permitted by law, that in case of an Event of Default, neither the Grantor Borrower nor anyone claiming through or under it shall will set up, claim or seek to take advantage of any appraisement, valuation, stay, homestead stay or extension law, whether laws now or hereafter in force, in order to or take any other action that would prevent or hinder the enforcement or foreclosure of this Deed of Trust Mortgage or the absolute sale of the Trust Property Collateral, or the final and absolute putting into delivery of possession thereof, immediately after such foreclosure sale, of the purchaser thereof; and the Grantorthereat. Borrower, for itself and all who may may, at any time time, claim through or under it, hereby waives, to the full extent that it may lawfully so do, the benefit of all such laws laws, and any and all right to have the assets comprising the Trust Property Collateral marshaled upon any foreclosure of the encumbrance hereof lien hereof, and agrees that the Agent Lender or any court having jurisdiction to foreclose such encumbrance lien may sell the Trust Property Collateral in part or as an entirety. To Borrower acknowledges that the full extent permitted by law, transaction of which this Mortgage is a part is a transaction that does not include either agricultural real estate (as defined in Section 15-1201 of the Grantor irrevocably waives all statutory Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1101 et seq.; the “Foreclosure Act”) or other rights residential real estate (as defined in Section 15-1219 of redemption from sale under any order or decree of foreclosure of this Deed of Trust, on its own behalf and on the Foreclosure Act). On behalf of Borrower, and each and every person acquiring any interest in in, or title to to, the Trust Property Collateral subsequent to the date hereof. The Grantor further waivesof this Mortgage, and on behalf of all other persons, to the full extent it may lawfully do so, all statutory and other rights in its favor, limiting concurrent actions to foreclose this Deed of Trust and the exercise of other rights with respect to the Obligations Secured, including any right vested in the Grantor or any affiliate to limit the right of the Agent to pursue or commence concurrent actions against the Grantor or any such affiliate or any property owned by any one or more of them. Grantor further waives, to the maximum extent permitted by applicable law, all errors and imperfections in Borrower hereby waives any proceedings instituted by Agent or Trustee under this Deed of Trust and all notices rights: (a) of redemption from any foreclosure, or other disposition of any Event kind or nature, of Default the Collateral, or any part thereof, or interest therein, under or pursuant to rights herein granted to Lender; and (except b) to reinstatement of the Indebtedness, including, without limitation, any right to reverse any acceleration of the Indebtedness pursuant to 735 ILCS 5/15-1602. All waivers by Borrower in this Mortgage have been made voluntarily, intelligently and knowingly by Borrower, after Borrower has been afforded an opportunity to be informed by counsel of Borrower’s choice as may be provided for under the terms to possible alternative rights. Borrower’s execution of this Deed Mortgage shall be conclusive evidence of Trust) or the making of Agent’s or Trustee’s election to exercise or its actual exercise of any rightsuch waivers and that such waivers have been voluntarily, remedy or recourse provided for under this Deed of Trustintelligently and knowingly made.

Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Grantor Mortgagor agrees, to the full extent permitted by law, that neither the Grantor Mortgagor nor anyone claiming through or under it shall set up, claim or seek to take advantage of any appraisement, valuation, stay, homestead or extension law, whether now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust Mortgage or the absolute sale of the Trust Mortgaged Property or the final and absolute putting into possession thereof, immediately after such sale, of the purchaser thereof; and the GrantorMortgagor, for itself and all who may at any time claim through or under it, hereby waives, to the full extent that it may lawfully so do, the benefit of all such laws and any right to have the assets comprising the Trust Mortgaged Property marshaled upon any foreclosure of the encumbrance lien hereof and agrees that the Agent or any court having jurisdiction to foreclose such encumbrance lien may sell the Trust Mortgaged Property in part or as an entirety. To the full extent permitted by law, the Grantor Mortgagor irrevocably waives all statutory or other rights of redemption from sale under any order or decree of foreclosure of this Deed of TrustMortgage, on its own behalf and on behalf of each and every person acquiring any interest in or title to the Trust Mortgaged Property subsequent to the date hereof. The Grantor Mortgagor further waives, to the full extent it may lawfully do so, all statutory and other rights in its favor, limiting concurrent actions to foreclose this Deed of Trust Mortgage and the exercise of other rights with respect to the Obligations Secured, including any right vested in the Grantor Mortgagor or any affiliate to limit the right of the Agent to pursue or commence concurrent actions against the Grantor Mortgagor or any such affiliate or any property owned by any one or more of them. Grantor further waivesANYTHING CONTAINED HEREIN OR IN I.C. 32-29-7-5 TO THE CONTRARY NOTWITHSTANDING, to the extent permitted by applicable lawNO WAIVER MADE BY MORTGAGOR IN THIS SECTION OR ANYWHERE ELSE IN THIS MORTGAGE OR IN THE LOAN DOCUMENTS SHALL CONSTITUTE THE CONSOLIDATION FOR OR BE DEEMED TO BE A WAIVER OR RELEASE BY AGENT OR ANY JUDGMENT HOLDER OF THE OBLIGATIONS HEREBY SECURED OF THE RIGHT TO SEEK A DEFICIENCY JUDGMENT AGAINST THE MORTGAGOR OR ANY OTHER PERSON OR ENTITY WHO MAY BE PERSONALLY LIABLE FOR THE OBLIGATIONS SECURED, all errors and imperfections in any proceedings instituted by Agent or Trustee under this Deed of Trust and all notices of any Event of Default (except as may be provided for under the terms of this Deed of Trust) or of Agent’s or Trustee’s election to exercise or its actual exercise of any rightWHICH RIGHT TO SEEK A DEFICIENCY JUDGMENT IS HEREBY RESERVED, remedy or recourse provided for under this Deed of Trust.PRESERVED AND RETAINED BY AGENT FOR ITS OWN BEHALF, FOR THE SECURED PARTIES AND SUCCESSORS AND ASSIGNS