Common use of WAIVER OF MARSHALLING RIGHTS Clause in Contracts

WAIVER OF MARSHALLING RIGHTS. Mortgagor, for itself and for all parties claiming through or under Xxxxxxxxx, and for all parties who may acquire a lien on or interest in the Subject Property and Collateral, hereby waives all rights to have the Subject Property and Collateral and/or any other property, which is now or later may be security for any Secured Obligation (“Other Property”) marshalled upon any foreclosure of the lien of this Mortgage or on a foreclosure of any other lien or security interest against any security for any of the Secured Obligations. Mortgagee shall have the right to sell, and any court in which foreclosure proceedings may be brought shall have the right to order a sale of, the Subject Property and any or all of the Collateral or Other Property as a whole or in separate parcels, in any order that Mortgagee may designate.

Appears in 4 contracts

Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.), Security Agreement and Fixture Filing (KBS Real Estate Investment Trust, Inc.), Security Agreement and Fixture Filing (KBS Real Estate Investment Trust, Inc.)

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WAIVER OF MARSHALLING RIGHTS. Mortgagor, for itself and for all parties claiming through or under XxxxxxxxxMortgagor, and for all parties who may acquire a lien on or interest in the Subject Property and Collateral, hereby waives all rights to have the Subject Property and Collateral and/or any other property, property which is now or later may be security for any Secured Obligation (“Other Property”) marshalled upon any foreclosure of the lien of this Mortgage or on a foreclosure of any other lien or security interest against any security for any of the Secured Obligations. Mortgagee shall have the right to sell, and any court in which foreclosure proceedings may be brought shall have the right to order a sale of, the Subject Property and any or all of the Collateral or Other Property as a whole or in separate parcels, in any order that Mortgagee may designate.

Appears in 4 contracts

Samples: Open End Mortgage (KBS Real Estate Investment Trust II, Inc.), Open End Mortgage (KBS Real Estate Investment Trust II, Inc.), Open End Mortgage (KBS Real Estate Investment Trust II, Inc.)

WAIVER OF MARSHALLING RIGHTS. Mortgagor, for itself and for all parties claiming through or under XxxxxxxxxMortgagor, and for all parties who may acquire a lien on or interest in the Subject Property and Collateral, hereby waives all rights to have the Subject Property and Collateral and/or any other property, which is now or later may be security for any Secured Obligation (“Other Property”) marshalled marshaled upon any foreclosure of the lien of this Mortgage or on a foreclosure of any other lien or security interest against any security for any of the Secured Obligations. Mortgagee shall have the right to sell, and any court in which foreclosure proceedings may be brought shall have the right to order a sale of, the Subject Property and any or all of the Collateral or Other Property as a whole or in separate parcels, in any order that Mortgagee may designate.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Virco MFG Corporation)

WAIVER OF MARSHALLING RIGHTS. Mortgagor, for itself and for all parties claiming through or under XxxxxxxxxMortgagor, and for all parties who may acquire a lien on or interest in the Subject Property and Collateral, hereby waives all rights to have the Subject Property and Collateral and/or any other property, property which is now or later may be security for any Secured Obligation Obligations ("Other Property") marshalled upon any foreclosure of the lien of this Mortgage or Mortgagor on a foreclosure of any other lien or security interest against any security for any of the Secured Obligations. Mortgagee shall have the right to sell, and any court in which foreclosure proceedings may be brought shall have the right to order a sale of, the Subject Property and any or all of the Collateral or Other Property as a whole or in separate parcels, in any order that Mortgagee may designate.

Appears in 1 contract

Samples: KBS Real Estate Investment Trust II, Inc.

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WAIVER OF MARSHALLING RIGHTS. Mortgagor, for itself and for all parties claiming through or under XxxxxxxxxMortgagor, and for all parties who may acquire a lien on or interest in the Subject Property and Collateral, hereby waives all rights to have the Subject Property and Collateral and/or any other property, which is now or later may be security for any Secured Obligation ("Other Property") marshalled marshaled upon any foreclosure of the lien of this Mortgage or on a foreclosure of any other lien or security interest against any security for any of the Secured Obligations. Mortgagee shall have the right to sell, and any court in which foreclosure proceedings may be brought shall have the right to order a sale of, the Subject Property and any or all of the Collateral or Other Property as a whole or in separate parcels, in any order that Mortgagee may designate.

Appears in 1 contract

Samples: Virco MFG Corporation

WAIVER OF MARSHALLING RIGHTS. Mortgagor, for itself and for all parties claiming through or under Xxxxxxxxx, and for all parties who may acquire a lien on or interest in the Subject Property and Collateral, hereby waives all rights to have the Subject Property and Collateral and/or any other property, property which is now or later may be security for any Secured Obligation (“Other Property”) marshalled upon any foreclosure of the lien of this Mortgage or on a foreclosure of any other lien or security interest against any security for any of the Secured Obligations. Mortgagee shall have the right to sell, and any court in which foreclosure proceedings may be brought shall have the right to order a sale of, the Subject Property and any or all of the Collateral or Other Property as a whole or in separate parcels, in any order that Mortgagee may designate.

Appears in 1 contract

Samples: Steadfast Income REIT, Inc.

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