Common use of Waivers by Mortgagor Clause in Contracts

Waivers by Mortgagor. (1) Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgage, the Loan Agreement, the Note or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statute, law, stay, moratorium, appraisal or valuation law, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead or in any manner whatsoever claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal of the Mortgaged Property prior to any sale or sales thereof which may be made pursuant to any provision herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Mortgaged Property or any other property, real or personal or any part of the proceeds arising from any sale thereof from attachment, levy or sale under execution, (iii) provides for homestead rights or exemptions or provides for any stay of execution, moratorium, marshaling of assets, exemption from civil process, reinstatement, redemption or extension of time for payment, (iv) requires Mortgagee to institute proceedings in mortgage foreclosure against the Mortgaged Property before exercising any other remedy afforded Mortgagee hereunder in the event of an Event of Default, (v) affects any of the terms, covenants, conditions or provisions of this Mortgage, or (vi) conflicts with or may affect, in a manner which may be adverse to Mortgagee, any provision, covenant, condition or term of this Mortgage, the Loan Agreement, the Note or any other Loan Document, nor shall Mortgagor at any time after any sale or sales of the Mortgaged Property pursuant to any provision herein, including, but without limiting the generality of the foregoing, after any sale pursuant to a judgment of foreclosure, claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Mortgaged Property or the portion thereof so sold.

Waivers by Mortgagor. To the fullest extent permitted under applicable law, Mortgagor shall not assert, and hereby irrevocably waives, any right or defense Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (1a) Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgagehomestead exemption, the Loan Agreementextension, the Note or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statute, lawmoratorium, stay, moratoriumredemption, appraisal or valuation law, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead or in any manner whatsoever claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal marshaling of the Mortgaged Property prior or the other assets of Mortgagor, sale of the Mortgaged Property in any order or notice of deficiency or intention to accelerate any sale or sales thereof which may be made pursuant to any provision herein or pursuant to any decreeSecured Obligation, judgment or order (b) impairment of any court right of competent jurisdictionsubrogation or reimbursement, (iic) exempts any requirement that at any time any action must be taken against any other party, any portion of the Mortgaged Property or any other property, real or personal asset of Mortgagor or any other party, (d) any provision barring or limiting the right of Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against Mortgagor or any other party, (e) any provision barring or limiting the recovery by Mortgagee of a deficiency after any sale of the Mortgaged Property, (f) any other provision of applicable law which shall defeat, limit or adversely affect any right or remedy of Mortgagee or any secured party under or with respect to this Instrument or any other Relevant Documents as it relates to any Mortgaged Property, (g) the right of Mortgagee to foreclose this Instrument in its own name on behalf of all of the secured parties by judicial action as the real party in interest without the necessity of joining any secured party, or (h) the Guarantees, including, without limitation, notice of existence, creation or incurring of any new or additional indebtedness or obligation or of any action or non-action on the part of Mortgagor or the proceeds arising from Issuer, Mortgagee or any sale thereof from attachmentSecured Creditor or on the part of any person whomsoever under the Intercreditor Agreement, levy this Instrument or sale under execution, (iii) provides for homestead rights or exemptions or provides for any stay of execution, moratorium, marshaling of assets, exemption from civil process, reinstatement, redemption or extension of time for payment, (iv) requires Mortgagee to institute proceedings in mortgage foreclosure against the Mortgaged Property before exercising any other remedy afforded Mortgagee hereunder in the event of an Event of Default, (v) affects any of the terms, covenants, conditions other Relevant Documents in connection with any obligation or provisions evidence of this Mortgage, or (vi) conflicts with or may affect, in a manner which may be adverse to indebtedness held by Mortgagee, as Security Trustee for the Secured Creditors or held by any provision, covenant, condition or term of this Mortgage, the Loan Agreement, the Note or any other Loan Document, nor shall Mortgagor at any time after any sale or sales of the Mortgaged Property pursuant to any provision herein, including, but without limiting the generality Secured Creditors. Appraisement of the foregoingPremises is hereby expressly waived, after at the option of Mortgagee, which such option shall be executed prior to the time any sale pursuant to a judgment of is tendered at foreclosure, claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Mortgaged Property or the portion thereof so sold.

Waivers by Mortgagor. (1) 21.1 To the extent allowed by applicable law, Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgage, the Loan Agreement, the Note Agreement or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statute, law, stay, moratorium, appraisal or valuation law, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead plead, or in any manner whatsoever whatsoever, claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal of the Mortgaged Secured Property prior to any sale or sales thereof which may be maybe made pursuant to any provision herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Mortgaged Secured Property or any other property, real or personal personal, or any part of the proceeds arising from any sale thereof thereof, from attachment, levy or sale under execution, (iii) provides for homestead rights or exemptions or provides for any stay of execution, moratorium, marshaling marshalling of assets, exemption from civil process, reinstatement, redemption or extension of time for payment, (iv) requires Mortgagee to institute proceedings in mortgage foreclosure against the Mortgaged Secured Property before exercising any other remedy afforded Mortgagee hereunder in the event of an Event of Default, (v) affects any of the terms, covenants, conditions or provisions of this Mortgage, or (vi) conflicts with or may affect, in a manner which may be adverse to Mortgagee, any provision, covenant, condition or term of this Mortgage, the Loan Agreement, the Note Agreement or any other Loan Document, nor shall Mortgagor at any time after alter any sale or sales of the Mortgaged Secured Property pursuant to any provision herein, including, but without limiting the generality of the foregoing, after any sale pursuant to a judgment of foreclosure, claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Mortgaged Secured Property or the portion thereof so sold.

Waivers by Mortgagor. To the fullest extent permitted under applicable law, Mortgagor shall not assert, and hereby irrevocably waives, any right or defense Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (1a) Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgagehomestead exemption, the Loan Agreementextension, the Note or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statute, lawmoratorium, stay, moratoriumredemption, appraisal or valuation lawreinstatement, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead or in any manner whatsoever claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal marshaling of the Mortgaged Property prior or the other assets of Mortgagor, sale of the Mortgaged Property in any order or notice of deficiency or intention to accelerate any sale or sales thereof which may be made pursuant to any provision herein or pursuant to any decreeSecured Obligation, judgment or order (b) impairment of any court right of competent jurisdictionsubrogation or reimbursement, (iic) exempts any requirement that at any time any action must be taken against any other party, any portion of the Mortgaged Property or any other property, real or personal asset of Mortgagor or any other party, (d) any provision barring or limiting the right of Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against Mortgagor or any other party, (e) any provision barring or limiting the recovery by Mortgagee of a deficiency after any sale of the Mortgaged Property, (f) any other provision of applicable law which shall defeat, limit or adversely affect any right or remedy of Mortgagee or any secured party under or with respect to this Instrument or any other Relevant Documents as it relates to any Mortgaged Property, (g) the right of Mortgagee to foreclose this Instrument in its own name on behalf of all of the secured parties by judicial action as the real party in interest without the necessity of joining any secured party, or (h) the Guarantees, including, without limitation, notice of existence, creation or incurring of any new or additional indebtedness or obligation or of any action or non-action on the part of Mortgagor or the proceeds arising from Issuer, Mortgagee or any sale thereof from attachmentSecured Creditor or on the part of any person whomsoever under the Intercreditor Agreement, levy this Instrument or sale under execution, (iii) provides for homestead rights or exemptions or provides for any stay of execution, moratorium, marshaling of assets, exemption from civil process, reinstatement, redemption or extension of time for payment, (iv) requires Mortgagee to institute proceedings in mortgage foreclosure against the Mortgaged Property before exercising any other remedy afforded Mortgagee hereunder in the event of an Event of Default, (v) affects any of the terms, covenants, conditions other Relevant Documents in connection with any obligation or provisions evidence of this Mortgage, or (vi) conflicts with or may affect, in a manner which may be adverse to indebtedness held by Mortgagee, as Security Trustee for the Secured Creditors or held by any provision, covenant, condition or term of this Mortgage, the Loan Agreement, the Note or any other Loan Document, nor shall Mortgagor at any time after any sale or sales of the Mortgaged Property pursuant to any provision herein, including, but without limiting the generality Secured Creditors. Appraisement of the foregoingReal Property is hereby expressly waived, after at the option of Mortgagee, which such option shall be executed prior to the time any sale pursuant to a judgment of is tendered at foreclosure, claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Mortgaged Property or the portion thereof so sold.

Waivers by Mortgagor. (1) Mortgagor hereby waives and releases, to the fullest extent permitted by law, (a) all errors technical errors, defects and imperfections in any proceedings instituted by Mortgagee under this Mortgage, the Loan Agreement, the Note or any other Loan Document and (b) all benefit benefits that might accrue to Mortgagor by virtue of any present or future statute of limitations or any other present or future statute, law, stay, moratorium, appraisal or valuation law, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead or in any manner whatsoever claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal of laws exempting the Mortgaged Property prior to any sale or sales thereof which may be made pursuant to any provision herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Mortgaged Property or any other property, real or personal or any part of the proceeds arising from any sale thereof thereof, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment, (iiic) provides for homestead rights all notices not herein specifically required of Mortgagor's default or exemptions of Mortgagee's exercise, or election to exercise, any option under this Mortgage, (d) any other present or future law, regulation or judicial decision which provides for any stay of execution, moratorium, marshaling marshalling of assets, exemption from civil process, reinstatementredemption, redemption or extension of time for payment, (iv) requires Mortgagee to institute proceedings in mortgage foreclosure against payment or valuation or appraisement of any of the Mortgaged Property before and (e) any and all rights and equities of redemption from sale under the power of sale created under this Mortgage or from sale under any order or decree of foreclosure of this Mortgage and all notice or notices of seizure. No Waiver. No failure to exercise, no delay in exercising and no course of dealing with respect to, any power, remedy or right hereunder by Mortgagee shall operate as a waiver thereof, nor shall any single or partial exercise by Mortgagee of any power, remedy or right hereunder preclude any other or further exercise thereof or the exercise of any other power, remedy afforded or right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. Powers of Mortgagee. Mortgagee hereunder may at any time or from time to time renew or extend this Mortgage, or agree with Mortgagor to alter the same in the event of an Event of Defaultany way, (v) affects or waive any of the terms, covenants, covenants or conditions hereof in whole or provisions of this Mortgage, or (vi) conflicts with or in part and may affect, in a manner which may be adverse to Mortgagee, release any provision, covenant, condition or term of this Mortgage, the Loan Agreement, the Note or any other Loan Document, nor shall Mortgagor at any time after any sale or sales portion of the Mortgaged Property pursuant or any other security, and grant such extensions and indulgences in relation to the Obligations as Mortgagee may determine without the consent of any provision herein, including, but junior lienor or encumbrancer and without limiting any obligation to give notice of any kind thereto and without in any manner affecting the generality priority or the lien hereof on any part of the foregoing, after any sale pursuant to a judgment of foreclosure, claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Mortgaged Property or the portion thereof so soldProperty.

Waivers by Mortgagor. (1a) Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgage, the Loan Agreement, the Note Credit Agreement or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statute, law, stay, moratorium, appraisal or valuation law, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead plead, or in any manner whatsoever whatsoever, claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal of the Mortgaged Property prior to any sale or sales thereof which may be made pursuant to any provision provisions herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Mortgaged Property or any other property, real or personal personal, or any part of the proceeds arising from any sale thereof from attachment, levy or sale under execution, (iii) provides for homestead rights or exemptions or provides for any stay of execution, moratorium, marshaling marshalling of assets, exemption from civil process, reinstatement, redemption or extension of time for payment, (iv) requires Mortgagee to institute proceedings in mortgage foreclosure against prior to any sale of the Mortgaged Property before or prior to exercising any other remedy afforded Mortgagee Mortgagee, hereunder in the event of an Event of Default, or (v) affects any of the terms, covenants, conditions or provisions of this Mortgage, or (vi) conflicts with or may affect, in a manner which may be adverse to Mortgagee, any provision, covenant, condition or term of this Mortgage, the Loan Agreement, the Note Credit Agreement or any other Loan Document, nor shall Mortgagor at any time after any sale or sales of the Mortgaged Property pursuant to any provision herein, including, but without limiting the generality of the foregoing, after any sale pursuant to a judgment of foreclosure, herein claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Mortgaged Property or the portion thereof so sold.