Waiver of Marshalling. Notwithstanding the existence of any other security interest in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 10 contracts
Samples: Rents and Security Agreement (First Potomac Realty Trust), Apn (Strategic Storage Trust VI, Inc.), Leases and Rents and Security Agreement (Acadia Realty Trust)
Waiver of Marshalling. Notwithstanding the existence of any other security interest in the Property held by Lender Beneficiary or by any other party, Lender Beneficiary shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender Beneficiary shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. BorrowerTrustor, any party who consents to this Instrument Deed of Trust and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 7 contracts
Samples: Sublease Agreement (Nevada Gold & Casinos Inc), Nevada Gold & Casinos Inc, Nevada Gold & Casinos Inc
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the 151 right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereof, hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 2 contracts
Samples: Credit Agreement (Best Universal Lock Co), Credit Agreement (Best Lock Corp)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. BorrowerGrantor, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 2 contracts
Samples: Town & Country Trust, Town & Country Trust
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of or the indebtedness secured hereby are arc satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property Property, and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of or any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Rents and Security Agreement (Maxus Realty Trust Inc)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Trustee or Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected 'to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument Instrument, and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby hereby, waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Rents and Security Agreement (Glimcher Realty Trust)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness Indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Mortgage, Security Agreement (Michael Anthony Jewelers Inc)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument Instrument, and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein, to the extent permitted by applicable law.
Appears in 1 contract
Samples: Rents and Security Agreement (Glimcher Realty Trust)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. , Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party part who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Rents and Security Agreement (Maxus Realty Trust Inc)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument Instrument, and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby hereby, waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Waiver of Marshalling. Notwithstanding Norwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, . Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Apartment Investment & Management Co
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender Xxxx or by any other party, Lender Xxxx shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender Xxxx shall have the right to determine the order in which any or all portions of the indebtedness Indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Horizon Group Properties Inc
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereof, hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Real Estate Mortgage, Security Agreement and Fixture Filing (Oboisie Corp)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Document Cover Page (Apartment Investment & Management Co)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions portion of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Apartment Investment & Management Co