Common use of Marshalling and Other Matters Clause in Contracts

Marshalling and Other Matters. Trustor hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust on behalf of Trustor, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary may foreclose, or exercise any other remedy available to Beneficiary under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of Trust, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's rights and remedies thereunder.

Marshalling and Other Matters. Trustor (a) Mortgagor hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Mortgaged Property or any part thereof or any interest therein. Further, Trustor Mortgagor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust Mortgage on behalf of Trustor, Mortgagor and on behalf of each and every person acquiring any interest in or title to the Trust Mortgaged Property subsequent to the date of this Deed of Trust Mortgage and on behalf of all persons to the extent permitted by applicable law. The lien To the extent permitted by law, Mortgagor shall not have or assert any right under any statute or rule of law pertaining to the exemption of homestead or other exemption under any federal, state or local law now or hereafter in effect, the administration of estates of decedents or other matters whatever to defeat, reduce or affect the right of Mortgagee under the terms of this Deed of Trust shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary and, without limiting the generality Mortgage to a sale of the foregoingMortgaged Property, for the lien hereof shall not be impaired by (i) any acceptance by Beneficiary of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary to realize upon or protect any portion collection of the Debt without any prior or any collateral security therefor different resort for collection, or (iii) any release (except as the right of Mortgagee under the terms of this Mortgage to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion payment of the Debt out of the proceeds of sale of the Mortgaged Property in preference to every other claimant whatever. Further, Mortgagor hereby knowingly, intentionally and voluntarily waives, releases, relinquishes and forever forgoes all present and future statutes of limitations as a defense to any action to enforce the provisions of this Mortgage or of to collect any of the collateral security therefor; and Beneficiary may foreclose, or exercise any other remedy available Debt secured hereby to Beneficiary under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of Trust, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's rights and remedies thereunderfullest extent permitted by law.

Marshalling and Other Matters. Trustor hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust on behalf of Trustor, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changingchange, modification or disposition of any portion of the Debt Debt, or of any of the collateral security therefortherefore; and Beneficiary may foreclose, or exercise any other remedy available to Beneficiary under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of Trust, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's rights and remedies thereunder.

Marshalling and Other Matters. Trustor To the extent permitted by applicable law, Borrower hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor to the extent permitted by applicable law, Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust Security Instrument on behalf of TrustorBorrower, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust Security Instrument and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust Security Instrument shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary Mortgagee and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary Mortgagee of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary Mortgagee to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary Mortgagee may foreclose, or exercise any other remedy available to Beneficiary Mortgagee under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of TrustSecurity Instrument, and any exercise of the rights and remedies of Beneficiary Mortgagee hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's Mortgagee’s rights and remedies thereunder.

Marshalling and Other Matters. Trustor Borrower hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust Security Instrument on behalf of TrustorBorrower, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust Security Instrument and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust Security Instrument shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary Lender and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary Lender of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary Lender to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary Lender may foreclose, or exercise any other remedy available to Beneficiary Lender under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of TrustSecurity Instrument, and any exercise of the rights and remedies of Beneficiary Lender hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's Lender’s rights and remedies thereunder.

Marshalling and Other Matters. Trustor hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust on behalf of Trustor, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary and, without limiting the generality of the foregoing., the lien hereof shall not be impaired by (i) any acceptance by Beneficiary of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changingchange, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary may foreclose, or exercise any other remedy available to Beneficiary under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of Trust, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's ' s rights and remedies thereunder.

Marshalling and Other Matters. Trustor Borrower hereby waives, to the maximum extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest thereintherein and the pleading of any statute of limitations as a defense to payment of the Debt or performance of the Obligations. Further, Trustor Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust the Security Instrument on behalf of TrustorBorrower, and on behalf of each and every person Person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust Agreement and on behalf of all persons Persons to the extent permitted by applicable law. Borrower hereby waives and renounces all homestead and exemption rights provided by the Constitution and the laws of the United States and of any state, in and to the Property as against the collection of the Debt, or any part thereof. As provided by Iowa Code 561.22, I understand that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale; and that by signing this contract, I voluntarily give up the right to this protection for this property with respect to claims based on this contract. The lien interests and rights of this Deed of Trust shall be absolute and unconditional and shall not Lender under the Note, the Security Instrument or in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary and, without limiting the generality of the foregoing, the lien hereof other Loan Documents shall not be impaired by any indulgence, including (i) any acceptance by Beneficiary of renewal, extension or modification which Lender may grant with respect to any other security for any portion of the Debt, (ii) any failuresurrender, neglect compromise, release, renewal, extension, exchange or omission on substitution which Lender may grant with respect to the part of Beneficiary to realize upon Property or protect any portion of the Debt or any collateral security therefor thereof; or (iii) any release (except as or indulgence granted to the property released)any maker, saleendorser, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification Obligor or disposition of any portion of the Debt or surety of any of the collateral security therefor; and Beneficiary may foreclose, or exercise any other remedy available to Beneficiary under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of Trust, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's rights and remedies thereunderDebt.

Marshalling and Other Matters. Trustor Borrower hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust Mortgage on behalf of TrustorBorrower, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust Mortgage and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust Mortgage shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary Lender and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary Lender of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary Lender to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary Lender may foreclose, or exercise any other remedy available to Beneficiary Lender under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of TrustMortgage, and any exercise of the rights and remedies of Beneficiary Lender hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of BeneficiaryLender's rights and remedies thereunder.

Marshalling and Other Matters. Trustor Mortgagor hereby waivesagrees that Mortgagor shall not at any time hereafter have or assert, and Mortgagor hereby waives to the extent permitted under applicable Laws, (a) any benefit that might accrue to it by lawvirtue of any present or future Laws exempting the Property, or any part of the proceeds arising from any sale thereof, from attachment, levy or sale on execution, or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment, (b) unless specifically required herein, all notices of Mortgagor’s default or Mortgagee’s election to exercise, or Mortgagee’s actual exercise, of any option or remedy under this Mortgage or any of the other Loan Documents, and (c) any right under any applicable Laws pertaining to marshalling, whether of assets or liens, the benefit sale of all homesteadproperty in the inverse order of alienation, the exemption of homesteads, the administration of estates of decedents, appraisement, valuation, stay, extension, reinstatement reinstatement, redemption, reimbursement, indemnification, contribution, subrogation, or abatement, suspension, deferment, diminution or reduction of any of the Obligations (including setoff), and redemption laws any other right and defense that may be now or hereafter in force force, whether arising out of an election of remedies by Mortgagee or otherwise and all rights of marshalling whether at law or in equity, including those that may be available because the event Obligations of any sale hereunder other guarantor or obligor are secured by real property. This is an unconditional and irrevocable waiver of any rights and defenses Mortgagor may have because the Trust Property or any part thereof or any interest thereinObligations are secured by real property. Further, Trustor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust on behalf of Trustor, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust and on behalf of all persons to To the extent permitted by applicable law. The lien Laws, Mortgagor waives all rights and defenses arising out of this Deed an election of Trust shall be absolute and unconditional and shall not in any manner be affected or impaired remedies by any acts or omissions whatsoever the creditor, even though that election of Beneficiary andremedies, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary of any other such as a non-judicial foreclosure with respect to security for any portion an Obligation, has destroyed the guarantor’s rights of subrogation and reimbursement against the Debt, (ii) any failure, neglect or omission on the part of Beneficiary to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary may foreclose, or exercise any other remedy available to Beneficiary under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of Trust, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's rights and remedies thereunderprincipal.

Marshalling and Other Matters. Trustor hereby waives, to To the extent permitted by applicable law, Mortgagor hereby waives the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor to the extent permitted by applicable law, Mortgagor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust Mortgage on behalf of TrustorMortgagor, and on behalf of each and every person Person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust and on behalf of all persons to the extent permitted by applicable lawMortgage. The lien of this Deed of Trust shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary and, without Without limiting the generality of the foregoing, and without limitation as to any other right or remedy provided to Mortgagee in this Mortgage or the lien hereof other Loan Documents, if an Event of Default has occurred and is continuing (i) Mortgagee shall have the right to pursue all of its rights and remedies under this Mortgage and the Loan Documents, at law and/or in equity, in one proceeding, or separately and independently in separate proceedings from time to time, as Mortgagee, in its sole and absolute discretion, shall determine from time to time, (ii) Mortgagee shall not be impaired required to either mxxxxxxx assets or sell the Property and/or the Collateral in any particular order of alienation (and may sell the same simultaneously and together or separately), or be subject to any “one action” or “election of remedies” law or rule with respect to the Property and/or the Collateral, (iii) the exercise by (i) any acceptance by Beneficiary Mortgagee of any remedies against any one item of Property will not impede Mortgagee, (iv) all liens and other security for any portion rights, remedies or privileges provided to Mortgagee herein shall remain in full force and effect until Mortgagee has exhausted all of its remedies against the Property and all Property has been foreclosed, sold and/or otherwise realized upon in satisfaction of the Debt, and (iiv) any failure, neglect or omission on Mortgagee may resort for the part of Beneficiary to realize upon or protect any portion payment of the Debt to any security held by Mortgagee in such order and manner as Mortgagee, in its discretion, may elect and Mortgagee may take action to recover the Debt, or any collateral security therefor portion thereof, or (iii) to enforce any release (except as covenant hereof without prejudice to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition right of any portion of the Debt or of any of the collateral security therefor; and Beneficiary may foreclose, or exercise any other remedy available Mortgagee thereafter to Beneficiary under other Loan Documents without first exercising or enforcing any of its remedies under foreclose this Deed of Trust, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's rights and remedies thereunderMortgage.

Marshalling and Other Matters. Trustor hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor hereby expressly waives any and all rights of redemption from a sale under any order or decree of foreclosure of this Deed of Trust Security Instrument on behalf of Trustor, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust Security Instrument and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust Security Instrument shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released including any Release Parcels which are released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changingchange, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary may foreclose, or exercise any other remedy available to Beneficiary under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of TrustSecurity Instrument, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's ’s rights and remedies thereunder.

Marshalling and Other Matters. Trustor Borrower hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust Security Instrument on behalf of TrustorBorrower, and on behalf of each and every person Person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust Security Instrument and on behalf of all persons Persons to the extent permitted by applicable law. The lien of this Deed of Trust Security Instrument shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary Lender and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary Lender of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary Lender to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary Lender may foreclose, or exercise any other remedy available to Beneficiary Lender under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of TrustSecurity Instrument, and any exercise of the rights and remedies of Beneficiary Lender hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's Lender’s rights and remedies thereunder.

Marshalling and Other Matters. Trustor Grantor hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor Grantor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust on behalf of TrustorGrantor, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions missions whatsoever of Beneficiary and, without limiting the generality of the this foregoing, the lien live hereof shall not be impaired by (i) any acceptance by Beneficiary of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary to realize upon or protect any portion of the Debt or any collateral security therefor therefore or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefortherefore; and Beneficiary may foreclose, or exercise any other remedy available to Beneficiary under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of Trust, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's rights and remedies thereunder.

Marshalling and Other Matters. Trustor Borrower hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust Mortgage on behalf of TrustorBorrower, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust Mortgage and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust Mortgage shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary Lender and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary Lender of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary Lender to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property so released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary Lender may foreclose, or exercise any other remedy available to Beneficiary Lender under any of the other Loan Documents without first exercising or enforcing any of its remedies under this Deed of TrustMortgage, and any exercise of the rights and remedies of Beneficiary Lender hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's Lender’s rights and remedies thereunder.

Marshalling and Other Matters. Trustor Grantor hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Mortgaged Property or any part thereof or any interest therein. Further, Trustor Grantor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust Security Instrument on behalf of TrustorGrantor, and on behalf of each and every person acquiring any interest in or title to the Trust Mortgaged Property subsequent to the date of this Deed of Trust Security Instrument and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust Security Instrument shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary Secured Party and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary Secured Party of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary Secured Party to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary Secured Party may foreclose, or exercise any other remedy available to Beneficiary Secured Party under other Loan Documents without first exercising or enforcing any of its remedies under this Deed of TrustSecurity Instrument, and any exercise of the rights and remedies of Beneficiary Secured Party hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's Secured Party’s rights and remedies thereunder.

Marshalling and Other Matters. Trustor hereby waives, to To the extent permitted by applicable law, Grantor hereby waives the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property Premises or any part thereof or any interest therein. Further, Trustor Grantor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust to Secure Debt on behalf of TrustorGrantor, and on behalf of each and every person acquiring any interest in or title to the Trust Property Premises subsequent to the date of this Deed of Trust to Secure Debt and on behalf of all persons Persons to the extent permitted by applicable law. Grantor acknowledges that this Deed to Secure Debt is one of a number of other security instruments and documents which secure and evidence the Obligations in whole or in part, including, without limitation, the Loan Documents. The lien of this Deed of Trust to Secure Debt shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary Grantee and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary Grantee of any other security for any portion of the DebtObligations, (ii) any failure, neglect or omission on the part of Beneficiary Grantee to realize upon or protect any portion of the Debt Obligations or any collateral security Collateral therefor or (iii) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt Obligations or of any of the Collateral therefor. In connection with the foregoing, without affecting the lien of this Deed to Secure Debt, Grantee may at any time and from time to time, either before or after expiration of the Term and without notice or consent (m) release any person liable for payment or performance of any obligation or Obligations secured by this Deed to Secure Debt or any Loan Documents; (n) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Obligations, or waiving any Obligations, or subordinating, modifying or otherwise dealing with the lien or charge hereof; (o) exercise or refrain from exercising or waive any right Grantee may have under this Deed to Secure Debt or any other Loan Documents; (p) accept additional security of any kind; or (q) release or otherwise deal with any property, real or personal, securing the Obligations, including all or any part of the Premises or any other collateral security therefor; and Beneficiary may under the Loan Documents. Grantee may, at its discretion, foreclose, exercise any power of sale or exercise any other remedy available to Beneficiary Grantee under other any or all of the Loan Documents without first exercising or enforcing any of its remedies under this Deed to Secure Debt, or may foreclose, exercise any power of Trustsale, or exercise any other right available under this Deed to Secure Debt without first exercising or enforcing any of its rights and remedies under any or all of the Loan Documents. Such exercise of Grantee’s rights and remedies under any or all of the Loan Documents shall not in any manner impair the Obligations or lien of the Deed to Secure Debt, and any exercise of the rights and or remedies of Beneficiary Grantee hereunder shall not in any manner impair the Debt or the liens lien of any other of the Loan Document Documents or any of Beneficiary's Grantee’s rights and remedies thereunder. Grantor specifically consents and agrees that Grantee may exercise its rights and remedies hereunder and under the Loan Documents separately or concurrently and in any order that Grantee may deem appropriate.

Marshalling and Other Matters. Trustor hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust on behalf of Trustor, whether in law or equity and whether by statute or otherwise, homestead, dower, elective share, rights of appraisement or valuation and other rights and exemptions of every kind, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property so released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary may foreclose, or exercise any other remedy available to Beneficiary under any of the other Loan Documents without first exercising or enforcing any of its remedies under this Deed of Trust, and any exercise of the rights and remedies of Beneficiary hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's rights and remedies thereunder.

Marshalling and Other Matters. Trustor Borrower hereby waives, to the extent permitted by law, the benefit of all homestead, appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Trust Property or any part thereof or any interest therein. Further, Trustor Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Deed of Trust Security Instrument on behalf of TrustorBorrower, and on behalf of each and every person acquiring any interest in or title to the Trust Property subsequent to the date of this Deed of Trust Security Instrument and on behalf of all persons to the extent permitted by applicable law. The lien of this Deed of Trust Security Instrument shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of Beneficiary Lender and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by (i) any acceptance by Beneficiary Lender of any other security for any portion of the Debt, (ii) any failure, neglect or omission on the part of Beneficiary Lender to realize upon or protect any portion of the Debt or any collateral security therefor or (iii) any release (except as to the property so released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any portion of the Debt or of any of the collateral security therefor; and Beneficiary Lender may foreclose, or exercise any other remedy available to Beneficiary Lender under any of the other Loan Documents without first exercising or enforcing any of its remedies under this Deed of TrustSecurity Instrument, and any exercise of the rights and remedies of Beneficiary Lender hereunder shall not in any manner impair the Debt or the liens of any other Loan Document or any of Beneficiary's Lender’s rights and remedies thereunder.