Common use of Appraisement and Marshalling Clause in Contracts

Appraisement and Marshalling. Mortgagor agrees, to the full extent that Mortgagor may lawfully so agree, that Mortgagor will not at any time insist upon or plead or in any manner whatever claim the benefit of any appraisement, valuation, stay, extension or redemption law, now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, the absolute sale of the Collateral, including the Realty Collateral, or the possession thereof by any purchaser at any sale made pursuant to this Mortgage or pursuant to the decree of any court of competent jurisdiction. Mortgagee hereby waives or does not waive appraisement, such election to be made at or before entry of judgment in any action to foreclose this Mortgage, and Mortgagor, for Mortgagor and all who may claim through or under Mortgagor, hereby waives, to the extent that Mortgagor may lawfully do so under any applicable law, any and all rights to have the Collateral, including the Realty Collateral, marshaled upon any foreclosure of the Lien hereof or sold in inverse order of alienation. Mortgagor agrees that, in the event of a judicial foreclosure or a sale under the power of sale provisions of this Mortgage, the Collateral, including the Realty Collateral, may be sold in part, in parcels or as an entirety as directed by Mortgagee.

Appears in 4 contracts

Samples: Security Agreement (Cano Petroleum, Inc), Pledge Agreement (Cano Petroleum, Inc), Credit Agreement (Cano Petroleum, Inc)

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Appraisement and Marshalling. Mortgagor agreeshereby waives, to the full extent that Mortgagor may lawfully so agreepermitted under applicable Governmental Requirement, that Mortgagor will not at any time insist upon or plead or in any manner whatever claim the benefit of any appraisement, valuation, stay, extension extension, or redemption lawGovernmental Requirement, now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this MortgageDeed of Trust, the absolute sale of the Collateral, including the Realty Collateral, or the possession thereof by any purchaser at any sale made pursuant to this Mortgage Deed of Trust or pursuant to the decree of any court of competent jurisdiction. Mortgagee hereby waives or does not waive appraisement, such election to be made at or before entry of judgment in any action to foreclose this MortgageDeed of Trust, and Mortgagor, for Mortgagor and all who may claim through or under MortgagorXxxxxxxxx, hereby waiveswaives the benefit of all such Governmental Requirements and, to the extent that Mortgagor may lawfully do so under any applicable lawGovernmental Requirement, any and all rights to have the Collateral, including the Realty Collateral, marshaled upon any foreclosure of the Lien security interest hereof or sold in inverse order of alienation. Mortgagor Xxxxxxxxx agrees that, in that the event of a judicial foreclosure or a sale under the power of sale provisions of this Mortgage, Trustee may sell the Collateral, including the Realty Collateral, may be sold in part, in parcels parcels, or as an entirety as directed by Mortgagee.

Appears in 1 contract

Samples: Second Lien Security Agreement

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