Common use of Waivers of Right Clause in Contracts

Waivers of Right. Along with any and all agreements, waivers and relinquishments made by the Mortgagor under this Mortgage and the other Fundamental Documents, the Mortgagor waives (i) the benefit of all Applicable Laws now existing or that hereafter may be enacted providing for any appraisement before sale of any portion of the Mortgaged Property, (ii) the benefit of all Applicable Laws that may be hereafter enacted in any way extending the time for enforcing collection of the Guaranteed Obligations, or creating or extending a period of redemption from any sale made in collecting the Guaranteed Obligations, and (iii) any and all rights it may have, whether at law or equity, to require the Mortgagee to proceed to enforce or exercise any rights, powers and remedies the Mortgagee may have under the Credit Agreement and the other Fundamental Documents in any particular manner, in any particular order, or in any particular State or other jurisdiction. The Mortgagor further agrees that any particular proceeding, including, without limitation, foreclosure through court action or power of sale, may be brought and prosecuted in the local or federal courts as to all or any part of the Mortgaged Property, wherever located, without regard to the fact that any one or more prior or contemporaneous proceedings have been situated elsewhere with respect to the same or any other part of the Mortgaged Property. To the fullest extent that the Mortgagor may do so, the Mortgagor agrees that the Mortgagor shall not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemption, valuation, appraisement, stay of execution or extension; and the Mortgagor, for itself and on behalf of the Mortgagors' heirs, devisees, representatives, successors and assigns, and on behalf of all other persons now or hereafter claiming any interest in the Mortgaged Property, to the extent permitted by Applicable Law, hereby waives and releases all rights of redemption, valuation, appraisement, marshalling, stay of execution, extension, and notice of election to mature or declare due (except to the extent any such notice is specifically required to be given under the Credit Agreement) the whole of the Guaranteed Obligations in the event of the foreclosure of the lien hereby created. The Mortgagor further agrees that if any law referred to in this Section and now in force, of which the Mortgagor, the Mortgagor's heirs, devisees, representatives, successors and assigns or other person might take advantage despite this Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. The Mortgagor expressly waives and relinquishes any and all rights and remedies that the Mortgagor may have or be able to assert by reason of Applicable Law pertaining to the rights and remedies of sureties, other than the defense of full payment and performance of the Guaranteed Obligations. The Mortgagor makes these agreements, waivers and relinquishments knowingly after consulting with and considering the advice of independent legal counsel selected by the Mortgagor.

Waivers of Right. Along with any and all agreements, waivers and relinquishments made by the Mortgagor Entity and/or the Agency under this Mortgage and the other Fundamental Documents, the Mortgagor waives Entity and the Agency waive (i) the benefit of all Applicable Laws now existing or that hereafter may be enacted providing for any appraisement before sale of any portion of the Mortgaged Property, (ii) the benefit of all Applicable Laws that may be hereafter enacted in any way extending the time for enforcing collection of the Guaranteed Obligations, or creating or extending a period of redemption from any sale made in collecting the Guaranteed Obligations, and (iii) any and all rights it may have, whether at law or equity, to require the Mortgagee to proceed to enforce or exercise any rights, powers and remedies the Mortgagee may have under the Credit Agreement and the other Fundamental Documents in any particular manner, in any particular order, or in any particular State or other jurisdiction. The Mortgagor Entity and the Agency further agrees agree that any particular proceeding, including, without limitation, foreclosure through court action or power of sale, may be brought and prosecuted in the local or federal courts as to all or any part of the Mortgaged Property, wherever located, without regard to the fact that any one or more prior or contemporaneous proceedings have been situated elsewhere with respect to the same or any other part of the Mortgaged Property. To the fullest extent that the Mortgagor Entity and Agency may do so, the Mortgagor agrees Entity and the Agency agree that the Mortgagor Agency and the Entity shall not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemption, valuation, appraisement, stay of execution or extension; and the MortgagorEntity and the Agency, for itself themselves and on behalf of the Mortgagors' their respective heirs, devisees, representatives, successors and assigns, and on behalf of all other persons now or hereafter claiming any interest in the Mortgaged Property, to the extent permitted by Applicable Law, hereby waives waive and releases release all rights of redemption, valuation, appraisement, marshalling, stay of execution, extension, and notice of election to mature or declare due (except to the extent any such notice is specifically required to be given under the Credit Agreement) the whole of the Guaranteed Obligations in the event of the foreclosure of the lien hereby created. The Mortgagor Entity and the Agency further agrees agree that if any law referred to in this Section and now in force, of which the MortgagorEntity or the Agency, the Mortgagor's their respective heirs, devisees, representatives, successors and assigns or other person might take advantage despite this Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. The Mortgagor Entity and the Agency expressly waives waive and relinquishes relinquish any and all rights and remedies that the Mortgagor Entity and/or the Agency may have or be able to assert by reason of Applicable Law pertaining to the rights and remedies of sureties, other than the defense of full payment and performance of the Guaranteed Obligations. The Mortgagor makes Entity and the Agency make these agreements, waivers and relinquishments knowingly after consulting with and considering the advice of independent legal counsel selected by the MortgagorEntity and the Agency.

Waivers of Right. Along with any and all agreements, waivers and relinquishments made by the Mortgagor Grantor under this Mortgage Deed of Trust and the other Fundamental Loan Documents, the Mortgagor Grantor waives (i) the benefit of all Applicable Laws now existing or that hereafter may be enacted providing for any appraisement before sale of any portion of the Mortgaged Trust Property, ; and (ii) the benefit of all Applicable Laws that may be hereafter enacted in any way extending the time for enforcing collection of the Guaranteed Secured Indebtedness, the performance of the Obligations, or creating or extending a period of redemption from any sale made in collecting the Guaranteed Obligations, Secured Indebtedness. Grantor acknowledges and (iii) agrees that the Real Property may be located in one or more States and therefor Grantor waives and relinquishes any and all rights it may have, whether at law or equity, to require the Mortgagee Beneficiary to proceed to enforce or exercise any rights, powers and remedies the Mortgagee they may have under the Credit Agreement Agreement, the Note Agreement, the A-Advanced Guaranty and the other Fundamental Loan Documents in any particular manner, in any particular order, or in any particular State or other jurisdiction. The Mortgagor Grantor further agrees that any particular proceeding, including, including without limitation, limitation foreclosure through court action (in a state or federal court) or power of sale, may be brought and prosecuted in the local or federal courts of any one or more States as to all or any part of the Mortgaged Real Property, wherever located, without regard to the fact that any one or more prior or contemporaneous proceedings have been situated elsewhere with respect to the same or any other part of the Mortgaged Real Property. To the fullest extent that the Mortgagor Grantor may do so, the Mortgagor Grantor agrees that the Mortgagor shall Grantor will not at any time insist upon, pleadpleax, claim xxxxm or take the benefit or advantage of any law now or hereafter in force providing for any redemption, valuation, appraisement, stay of execution or extension; and the MortgagorGrantor, for itself and on behalf of the Mortgagors' Grantor's heirs, devisees, representatives, successors and assigns, and on xxx xn behalf of any and all other persons now or hereafter claiming any interest in the Mortgaged Trust Property, to the extent permitted by Applicable Lawlaw, hereby waives and releases all rights of redemption, valuation, appraisementapxxxxxxxxxx, marshallingxarshalling, stay of execution, extension, and notice of election to mature or declare due (except to the extent any such notice is specifically required to be given under the Credit Agreement) the whole of the Guaranteed Obligations Secured Indebtedness in the event of the foreclosure of the lien hereby created. The Mortgagor Grantor further agrees that if any law referred to in this Section and Paragraxx xxx now in force, of which the MortgagorGrantor, the MortgagorGrantor's heirs, devisees, representatives, successors and assigns or other person might take advantage despite this SectionParagraph, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this SectionParagraph. The Mortgagor Grantor expressly waives and relinquishes any and all rights and remedies that the Mortgagor Grantor may have or be able to assert by reason of Applicable Law the Laws of the State of jurisdiction pertaining to the rights and remedies of sureties, other than the defense of full payment and performance of the Guaranteed Obligations. The Mortgagor Grantor makes these agreements, waivers and relinquishments knowingly after consulting with and considering the advice of independent legal counsel selected by the MortgagorGrantor.

Waivers of Right. Along with any and all agreements, waivers and relinquishments made by the Mortgagor under this Mortgage and the other Fundamental Loan Documents, the Mortgagor waives (i) the benefit of all Applicable Laws now existing or that hereafter may be enacted providing for any appraisement before sale of any portion of the Mortgaged Property, ; and (ii) the benefit of all Applicable Laws that may be hereafter enacted in any way extending the time for enforcing collection of the Guaranteed ObligationsSecured Indebtedness, or creating or extending a period of redemption from any sale made in collecting the Guaranteed Obligations, Secured Indebtedness. Mortgagor acknowledges and (iii) agrees that the Mortgaged Property may be located in one or more States and therefor Mortgagor waives and relinquishes any and all rights it may have, whether at law or equity, to require the Mortgagee to proceed to enforce or exercise any rights, powers and remedies the Mortgagee they may have under the Credit Agreement Agreement, the Note Agreement, the A-Advanced Guaranty and the other Fundamental Loan Documents in any particular manner, in any particular order, or in any particular State or other jurisdiction. The Mortgagor further agrees that any particular proceeding, including, including without limitation, limitation foreclosure through court action (in a state or federal court) or power of sale, may be brought and prosecuted in the local or federal courts of any one or more States as to all or any part of the Mortgaged Real Property, wherever located, without regard to the fact that any one or more prior or contemporaneous proceedings have been situated elsewhere with respect to the same or any other part of the Mortgaged Real Property. To the fullest extent that the Mortgagor may do so, the Mortgagor agrees that the Mortgagor shall will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemption, valuation, appraisement, stay of execution or extension; and the Mortgagor, for itself and on behalf of the Mortgagors' heirs, devisees, representatives, successors and assigns, and on behalf of all other persons now or hereafter claiming any interest in the Mortgaged Property, to the extent permitted by Applicable Lawlaw, hereby waives and releases all rights of redemption, valuation, appraisement, marshalling, stay of execution, extension, and notice of election to mature or declare due (except to the extent any such notice is specifically required to be given under the Credit Agreement) the whole of the Guaranteed Obligations Secured Indebtedness in the event of the foreclosure of the lien hereby created. The Mortgagor further agrees that if any law referred to in this Section and now in force, of which the Mortgagor, the Mortgagor's heirs, devisees, representatives, successors and assigns or other person might take advantage despite this Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. The Mortgagor expressly waives and relinquishes any and all rights and remedies that the Mortgagor may have or be able to assert by reason of Applicable Law the Laws of the State of jurisdiction pertaining to the rights and remedies of sureties, other than the defense of full payment and performance of the Guaranteed Obligations. The Mortgagor makes these agreements, waivers and relinquishments knowingly after consulting with and considering the advice of independent legal counsel selected by the Mortgagor.

Waivers of Right. Along with any and all agreements, ---------------- waivers and relinquishments made by the Mortgagor Grantor under this Mortgage Deed of Trust and the other Fundamental Documents, the Mortgagor Grantor waives (i) the benefit of all Applicable Laws now existing or that hereafter may be enacted providing for any appraisement before sale of any portion of the Mortgaged Trust Property, ; and (ii) the benefit of all Applicable Laws that may be hereafter enacted in any way extending the time for enforcing collection of the Guaranteed ObligationsSecured Indebtedness, or creating or extending a period of redemption from any sale made in collecting the Guaranteed Obligations, Secured Indebtedness. Grantor acknowledges and (iii) agrees that the Real Property Assets are located in more than one State and therefore Grantor waives and relinquishes any and all rights it may have, whether at law or equity, to require the Mortgagee Beneficiary to proceed to enforce or exercise any rights, powers and remedies the Mortgagee they may have under the Credit Agreement and the other Fundamental Documents in any particular manner, in any particular order, or in any particular State or other jurisdiction. The Mortgagor Grantor further agrees that any particular proceeding, including, including without limitation, limitation foreclosure through court action (in a state or federal court) or power of sale, may be brought and prosecuted in the local or federal courts of any one or more States as to all or any part of the Mortgaged Real Property, wherever located, without regard to the fact that any one or more prior or contemporaneous proceedings have been situated elsewhere with respect to the same or any other part of the Mortgaged Real Property. To the fullest extent that the Mortgagor Grantor may do so, the Mortgagor Grantor agrees that the Mortgagor shall Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemption, valuation, appraisement, stay of execution or extension; , and the MortgagorGrantor, for itself and on behalf of the MortgagorsGrantor, Grantors' heirs, devisees, representatives, successors and assigns, and on behalf of for any and all other persons now or hereafter ever claiming any interest in the Mortgaged Trust Property, to the extent permitted by Applicable Lawlaw, hereby waives and releases all rights of redemption, valuation, appraisement, marshallingmarshaling, stay of execution, extension, and notice of election to mature or declare due (except to the extent any such notice is specifically required to be given under the Credit Agreement) the whole of the Guaranteed Obligations Secured Indebtedness in the event of the foreclosure of the lien liens hereby created. The Mortgagor Grantor further agrees that if any law referred to in this Section and now in force, of which the MortgagorGrantor, the MortgagorGrantor's heirs, devisees, representatives, successors and assigns or other person might take advantage despite this Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. The Mortgagor Grantor expressly waives and relinquishes any and all rights and remedies that the Mortgagor Grantor may have or be able to assert by reason of Applicable Law the laws of the State of jurisdiction pertaining to the rights and remedies of sureties, other than the defense of full payment and performance of the Guaranteed Obligations. The Mortgagor Grantor makes these agreements, waivers and relinquishments knowingly after consulting with and considering the advice of independent legal counsel selected by the MortgagorGrantor.

Waivers of Right. Along with any and all agreements, waivers and relinquishments made by the Mortgagor Grantor under this Mortgage and the other Fundamental Documents, the Mortgagor Grantor waives (i) the benefit of all Applicable Laws now existing or that hereafter may be enacted providing for any appraisement before sale of any portion of the Mortgaged Property, ; and (ii) the benefit of all Applicable Laws that may be hereafter enacted in any way extending the time for enforcing collection of the Guaranteed ObligationsSecured Indebtedness, or creating or extending a period of redemption from any sale made in collecting the Guaranteed Obligations, Secured Indebtedness. Xxxxxxx acknowledges and (iii) agrees that the Real Property Assets are located in more than one State and therefor Grantor waives and relinquishes any and all rights it may have, whether at law or equity, to require the Trustee or Mortgagee to proceed to enforce or exercise any rights, powers and remedies the Mortgagee they may have under the Credit Agreement and the other Fundamental Documents in any particular manner, in any particular order, or in any particular State or other jurisdiction. The Mortgagor Grantor further agrees that any particular proceeding, including, including without limitation, limitation foreclosure through court action (in a state or federal court) or power of sale, may be brought and prosecuted in the local or federal courts of any one or more States as to all or any part of the Mortgaged Real Property, wherever located, without regard to the fact that any one or more prior or contemporaneous proceedings have been situated elsewhere with respect to the same or any other part of the Mortgaged Real Property. To the fullest extent that the Mortgagor Grantor may do so, the Mortgagor Xxxxxxx agrees that the Mortgagor shall Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemption, valuation, appraisement, stay of execution or extension; , and the MortgagorGrantor, for itself and on behalf of the MortgagorsGrantor, Grantors' heirs, devisees, representatives, successors and assigns, and on behalf of for any and all other persons now or hereafter ever claiming any interest in the Mortgaged Property, to the extent permitted by Applicable Lawlaw, hereby waives xxxxxx xxxxxx and releases all rights of redemption, valuation, appraisement, marshallingmarshaling, stay of execution, extension, and notice of election to mature or declare due (except to the extent any such notice is specifically required to be given under the Credit Agreement) the whole of the Guaranteed Obligations Secured Indebtedness in the event of the foreclosure of the lien liens hereby created. The Mortgagor Xxxxxxx further agrees that if any law referred to in this Section and now in force, of which the MortgagorXxxxxxx, the MortgagorXxxxxxx's heirs, devisees, representatives, successors and assigns or other person might take advantage despite this Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. The Mortgagor Grantor expressly waives and relinquishes any and all rights and remedies that the Mortgagor Grantor may have or be able to assert by reason of Applicable Law the laws of the State of jurisdiction pertaining to the rights and remedies of sureties, other than the defense of full payment and performance of the Guaranteed Obligations. The Mortgagor Grantor makes these agreements, waivers and relinquishments knowingly after consulting with and considering the advice of independent legal counsel selected by the MortgagorXxxxxxx.

Waivers of Right. Along with any and all agreements, waivers and relinquishments made by the Mortgagor under this Mortgage and the other Fundamental Loan Documents, the Mortgagor waives (i) the benefit of all Applicable Laws now existing or that hereafter may be enacted providing for any appraisement before sale of any portion of the Mortgaged Property, ; and (ii) the benefit of all Applicable Laws that may be hereafter enacted in any way extending the time for enforcing collection of the Guaranteed ObligationsSecured Indebtedness, or creating or extending a period of redemption from any sale made in collecting the Guaranteed Obligations, Secured Indebtedness. Mortgagor acknowledges and (iii) agrees that the Mortgaged Property may be located in one or more States and therefor Mortgagor waives and relinquishes any and all rights it may have, whether at law or equity, to require the Mortgagee to proceed to enforce or exercise any rights, powers and remedies the Mortgagee they may have under the Credit Agreement Agreement, the Note Agreement, the A-Advanced Guaranty and the other Fundamental Loan Documents in any particular manner, in any particular order, or in any particular State or other jurisdiction. The Mortgagor further agrees that any particular proceeding, including, without limitation, including xxxxxxx limitation foreclosure through court action (in a state or federal court) or power of sale, may be brought and prosecuted in the local or federal courts of any one or more States as to all or any part of the Mortgaged Real Property, wherever located, without regard to the fact that any one or more prior or contemporaneous proceedings have been situated elsewhere with respect to the same or any other part of the Mortgaged Real Property. To the fullest extent that the Mortgagor may do so, the Mortgagor agrees that the Mortgagor shall will not at any time insist axx xxxx xnsist upon, pleadxxxxx, claim xxaim or take the benefit txx xxxxxxt or advantage of any law now or hereafter in force providing for any redemption, valuation, appraisement, stay of execution or extension; and the Mortgagor, for itself and on behalf of the Mortgagors' heirs, devisees, representativesxxxxxxxntatives, successors and assignsassigxx, and on xxx xx behalf of all other persons now or hereafter claiming any interest in the Mortgaged Property, to the extent permitted by Applicable Lawlaw, hereby waives and releases all rights of redemption, valuation, appraisement, marshalling, stay of execution, extension, and notice of election to mature or declare due (except to the extent any such notice is specifically required to be given under the Credit Agreement) the whole of the Guaranteed Obligations Secured Indebtedness in the event of the foreclosure of the lien hereby created. The Mortgagor further agrees that if any law referred to in this Section and now Sectixx xxx xxw in force, of which the Mortgagor, the Mortgagor's heirs, devisees, representatives, successors and assigns or other successorx xxx xxxigxx xx xxxer person might take advantage despite this Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. The Mortgagor expressly waives and relinquishes any and all rights and remedies that the Mortgagor may have or be able to assert by reason of Applicable Law the Laws of the State of jurisdiction pertaining to the rights and remedies of sureties, other than the defense of full payment and performance of the Guaranteed Obligations. The Mortgagor makes these agreements, waivers and relinquishments knowingly after knowxxxxx xxxer consulting with and considering the advice of independent legal counsel selected by the Mortgagor.

Waivers of Right. Along with any and all agreements, waivers and relinquishments made by the Mortgagor under this Mortgage and the other Fundamental Documents, the Mortgagor waives (i) the benefit of all Applicable Laws now existing or that hereafter may be enacted providing for any appraisement before sale of any portion of the Mortgaged Property, (ii) the benefit of all Applicable Laws that may be hereafter enacted in any way extending the time for enforcing collection of the Guaranteed Obligations, or creating or extending a period of redemption from any sale made in collecting the Guaranteed Obligations, and (iii) any and all rights it may have, whether at law or equity, to require the Mortgagee to proceed to enforce or exercise any rights, powers and remedies the Mortgagee may have under the Credit Agreement and the other Fundamental Documents in any particular manner, in any particular order, or in any particular State or other jurisdiction. The Mortgagor further agrees that any particular proceeding, including, without limitation, foreclosure through court action or power of sale, may be brought and prosecuted in the local or federal courts as to all or any part of the Mortgaged Property, wherever located, without regard to the fact that any one or more prior or contemporaneous proceedings have been situated elsewhere with respect to the same or any other part of the Mortgaged Property. To the fullest extent that the Mortgagor may do so, the Mortgagor agrees that the Mortgagor shall not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemption, valuation, appraisement, stay of execution or extension; and the Mortgagor, for itself and on behalf of the Mortgagors' heirs, devisees, representatives, successors and assigns, and on behalf of all other persons now or hereafter claiming any interest in the Mortgaged Property, to the extent permitted by Applicable Law, hereby waives and releases all rights of redemption, valuation, appraisement, marshalling, stay of execution, extension, and notice of election to mature or declare due (except to the extent any such notice is specifically required to be given under the Credit Agreement) the whole of the Guaranteed Obligations in the event of the foreclosure of the lien hereby created. The Mortgagor further agrees that if any law referred to in this Section and now in force, of which the Mortgagor, the Mortgagor's heirs, devisees, representatives, successors and assigns or other person might take advantage despite this Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. The Mortgagor expressly waives and relinquishes any and all rights and remedies that the Mortgagor may have or be able to assert by reason of Applicable Law pertaining to the rights and remedies of sureties, other than the defense of full payment and performance of the Guaranteed Obligations. The Mortgagor makes these agreements, waivers and relinquishments knowingly after consulting with and considering the advice of independent legal counsel selected by the Mortgagor.