Common use of Borrower's Waiver of Certain Rights Clause in Contracts

Borrower's Waiver of Certain Rights. Borrower and each surety, endorser and guarantor hereof hereby waive all demands for payment, presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity, demand for payment, protest, notice of protest and notice of dishonor, to the extent permitted by law. Borrower further waives trial by jury. No extension of time for payment of this Note or any installment hereof, no alteration, amendment or waiver of any provision of this Note and no release or substitution of any collateral securing Borrower’s obligations hereunder shall release, modify, amend, waive, extend, change, discharge, terminate or affect the liability of Borrower under this Note. Any forbearance by Holder in exercising any right or remedy hereunder or under any other agreement or instrument in connection with the Agreement or otherwise afforded by applicable law, shall not be a waiver or preclude the exercise of any right or remedy by Holder. The acceptance by Holder of payment of any sum payable hereunder after the due date of such payment shall not be a waiver of the right of the Holder to require prompt payment when due of all other sums payable hereunder or to declare a default for failure to make prompt payment. If this Note is placed in the hands of an attorney for collection, Borrower shall pay all costs incurred and reasonable attorneys’ fees for legal services in the collection effort, whether or not a suit is brought. (1) Borrower fails to pay on or before the date due, any amount of principal and/or interest payable hereunder; (2) Borrower fails to perform or observe any other term or provision of this Note with respect to payment; provided, however, that Borrower shall be provided with a ten (10) calendar day period to cure same; (3) Borrower fails to perform or observe any other term or provision of this Note; provided, however, that Borrower shall be provided with written notice from Holder of any non-monetary default under this Note and a thirty (30) calendar day period to cure same; (4) there exists a default under the Agreement (as hereinafter defined), or a default under or misrepresentation contained in any other agreement, document or certificate of Borrower, which default is not cured within any grace period expressly provided therefor in such document; (5) Borrower shall: (i) become insolvent or take any action which constitutes its admission of inability to pay its debts as they mature; (ii) make an assignment for the benefit of creditors, file a petition in bankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or a trustee for it or a substantial portion of its assets; (iii) commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation or statute of any jurisdiction, whether now or hereafter in effect; (iv) have filed against it any such petition or application in which an order for relief is entered or which remains undismissed for a period of thirty (30) days or more; (v) indicate its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for it or a substantial portion of its assets; or (vi) suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of ninety (90) days or more; (6) Borrower shall dissolve or wind up; or (7) Borrower shall take any action authorizing, or in furtherance of, any of the foregoing. In addition to the rights and remedies provided herein, Holder may exercise any other right or remedy in any other document, instrument or agreement evidencing, securing or otherwise relating to the indebtedness evidenced hereby in accordance with the terms thereof, or under applicable law, all of which rights and remedies shall be cumulative.

Borrower's Waiver of Certain Rights. To the full extent Borrower may do so, Borrower agrees that Borrower 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 stay, extension or redemption, homestead, moratorium, reinstatement, marshalling or forbearance, and each suretyBorrower, endorser for Borrower, Borrower's successors and guarantor hereof hereby waive assigns, and for any and all demands for payment, presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity, demand for payment, protest, notice of protest and notice of dishonorpersons ever claiming any interest in the Property, to the extent permitted by applicable law, hereby waives and releases all rights of redemption, stay of execution, reinstatement, notice of intention to mature or declare due the whole of the secured indebtedness, notice of election to mature or declare due the whole of the secured indebtedness and all rights to a marshaling of assets of Borrower, including the Property, or to a sale in inverse order of alienation in the event of foreclosure of the liens and/or security interests hereby created. Borrower further waives trial by jury. No extension shall not have or assert any right under any statute or rule of time for payment law pertaining to the marshaling of this Note assets, sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or any installment hereofother matters whatever to defeat, no alteration, amendment or waiver of any provision of this Note and no release or substitution of any collateral securing Borrower’s obligations hereunder shall release, modify, amend, waive, extend, change, discharge, terminate reduce or affect the liability right of Lender under the terms of this Security Instrument to a sale of the Property for the collection of the secured indebtedness without any prior or different resort for collection, or the right of Lender under the terms of this Security Instrument to the payment of the secured indebtedness out of the proceeds of sale of the Property in preference to every other claimant whatever. Borrower under this Note. Any forbearance by Holder in exercising waives any right or remedy hereunder which Borrower may have or under be able to assert, pursuant to any other agreement or instrument in connection with the Agreement or otherwise afforded by provision of applicable law, shall not be a waiver or preclude the exercise of any right or remedy by Holder. The acceptance by Holder of payment of any sum payable hereunder after the due date of such payment shall not be a waiver of the right of the Holder to require prompt payment when due of all other sums payable hereunder or to declare a default for failure to make prompt payment. If this Note is placed in the hands of an attorney for collection, Borrower shall pay all costs incurred and reasonable attorneys’ fees for legal services in the collection effort, whether or not a suit is brought. (1) Borrower fails to pay on or before the date due, any amount of principal and/or interest payable hereunder; (2) Borrower fails to perform or observe any other term or provision of this Note with respect to payment; provided, however, that Borrower shall be provided with a ten (10) calendar day period to cure same; (3) Borrower fails to perform or observe any other term or provision of this Note; provided, however, that Borrower shall be provided with written notice from Holder of any non-monetary default under this Note and a thirty (30) calendar day period to cure same; (4) there exists a default under the Agreement (as hereinafter defined), or a default under or misrepresentation contained in any other agreement, document or certificate of Borrower, which default is not cured within any grace period expressly provided therefor in such document; (5) Borrower shall: (i) become insolvent or take any action which constitutes its admission of inability to pay its debts as they mature; (ii) make an assignment for the benefit of creditors, file a petition in bankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or a trustee for it or a substantial portion of its assets; (iii) commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation or statute of any jurisdiction, whether now or hereafter in effect; (iv) have filed against it any such petition or application in which an order for relief is entered or which remains undismissed for a period of thirty (30) days or more; (v) indicate its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for it or a substantial portion of its assets; or (vi) suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of ninety (90) days or more; (6) Borrower shall dissolve or wind up; or (7) Borrower shall take any action authorizing, or in furtherance of, any of the foregoing. In addition pertaining to the rights and remedies provided hereinof sureties. If any law referred to in this Section and now in force, Holder may exercise of which Borrower or Borrower's successors or assigns or any other right persons claiming any interest in the Property might take advantage despite this Section, shall hereafter be repealed or remedy cease to be in force, such law shall not thereafter be deemed to preclude the XXXXX/ORANGE COUNTY ASSOCIATES DEED OF TRUST PAGE 42 application of this Section. Appraisement of the Property is hereby expressly waived, or not, at the option of Lender, such option to be exercised at the time judgment is rendered in any other document, instrument or agreement evidencing, securing or otherwise relating to the indebtedness evidenced hereby in accordance with the terms thereofforeclosure hereof, or under applicable law, all of which rights and remedies shall be cumulativeat any time prior thereto.

Borrower's Waiver of Certain Rights. To the full extent Borrower may do so, Borrower agrees that Borrower 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 appraisement, valuation, stay, extension or redemption, and each suretyBorrower, endorser for Borrower, Borrower's heirs, devisees, representatives, successors and guarantor hereof hereby waive assigns, and for any and all demands for payment, presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity, demand for payment, protest, notice of protest and notice of dishonorpersons ever claiming any interest in the Collateral, to the extent permitted by applicable law, hereby waives and releases all rights of appraisement, valuation, stay of execution, redemption, notice of intention to mature or declare due the whole of the Secured Liabilities, notice of election to mature or declare due the whole of the Secured Liabilities and all rights to a marshaling of assets of Borrower, including the Collateral, or to a sale in inverse order of alienation in the event of foreclosure of the liens and/or security interests hereby created. Borrower further waives trial by jury. No extension shall not have or assert any right under any statute or rule of time for payment law pertaining to the marshaling of this Note assets, sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or any installment hereofother matters whatever to defeat, no alteration, amendment or waiver of any provision of this Note and no release or substitution of any collateral securing Borrower’s obligations hereunder shall release, modify, amend, waive, extend, change, discharge, terminate reduce or affect the liability right of Borrower Trustee and/or Agent under the terms of this Note. Any forbearance by Holder in exercising Mortgage to a sale of the Collateral for the collection of the Secured Liabilities without any right prior or remedy hereunder different resort for collection, or under any other agreement or instrument in connection with the Agreement or otherwise afforded by applicable law, shall not be a waiver or preclude the exercise of any right or remedy by Holder. The acceptance by Holder of payment of any sum payable hereunder after the due date of such payment shall not be a waiver of the right of Agent under the Holder terms of this Mortgage to require prompt the payment when due of all the Secured Liabilities out of the proceeds of sale of the Collateral in preference to every other sums payable hereunder or to declare a default for failure to make prompt paymentclaimant whatever. If any law referred to in this Note is placed section and now in force, of which Borrower or Borrower's heirs, devisees, representatives, successors or assigns or any other persons claiming any interest in the hands of an attorney for collection, Borrower shall pay all costs incurred and reasonable attorneys’ fees for legal services in the collection effort, whether Mortgaged Properties or not a suit is brought. (1) Borrower fails to pay on or before the date due, any amount of principal and/or interest payable hereunder; (2) Borrower fails to perform or observe any other term Collateral might take advantage despite this section, shall hereafter be repealed or provision cease to be in force, such law shall not thereafter be deemed to preclude the application of this Note with respect to payment; provided, however, that Borrower shall be provided with a ten (10) calendar day period to cure same; (3) Borrower fails to perform or observe any other term or provision of this Note; provided, however, that Borrower shall be provided with written notice from Holder of any non-monetary default under this Note and a thirty (30) calendar day period to cure same; (4) there exists a default under the Agreement (as hereinafter defined), or a default under or misrepresentation contained in any other agreement, document or certificate of Borrower, which default is not cured within any grace period expressly provided therefor in such document; (5) Borrower shall: (i) become insolvent or take any action which constitutes its admission of inability to pay its debts as they mature; (ii) make an assignment for the benefit of creditors, file a petition in bankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or a trustee for it or a substantial portion of its assets; (iii) commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation or statute of any jurisdiction, whether now or hereafter in effect; (iv) have filed against it any such petition or application in which an order for relief is entered or which remains undismissed for a period of thirty (30) days or more; (v) indicate its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for it or a substantial portion of its assets; or (vi) suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of ninety (90) days or more; (6) Borrower shall dissolve or wind up; or (7) Borrower shall take any action authorizing, or in furtherance of, any of the foregoing. In addition to the rights and remedies provided herein, Holder may exercise any other right or remedy in any other document, instrument or agreement evidencing, securing or otherwise relating to the indebtedness evidenced hereby in accordance with the terms thereof, or under applicable law, all of which rights and remedies shall be cumulativesection.

Borrower's Waiver of Certain Rights. To the full extent Borrower may do so, Borrower agrees that Borrower 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 stay, extension or redemption, homestead, moratorium, reinstatement, marshalling or forbearance, and each suretyBorrower, endorser for Borrower, Borrower's successors and guarantor hereof hereby waive assigns, and for any and all demands for payment, presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity, demand for payment, protest, notice of protest and notice of dishonorpersons ever claiming any interest in the Property, to the extent permitted by applicable law, hereby waives and releases all rights of redemption, stay of execution, reinstatement, notice of intention to mature or declare due the whole of the secured indebtedness, notice of election to mature or declare due the whole of the secured indebtedness and all rights to a marshaling of assets of Borrower, including the Property, or to a sale in inverse order of alienation in the event of foreclosure of the liens and/or security interests hereby created. Borrower further waives trial by jury. No extension shall not have or assert any right under any statute or rule of time for payment law pertaining to the marshaling of this Note assets, sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or any installment hereofother matters whatever to defeat, no alteration, amendment or waiver of any provision of this Note and no release or substitution of any collateral securing Borrower’s obligations hereunder shall release, modify, amend, waive, extend, change, discharge, terminate reduce or affect the liability right of Lender under the terms of this Security Instrument to a sale of the Property for the collection of the secured indebtedness without any prior or different resort for collection, or the right of Lender under the terms of this Security Instrument to the payment of the secured indebtedness out of the proceeds of sale of the Property in preference to every other claimant whatever. Borrower under this Note. Any forbearance by Holder in exercising waives any right or remedy hereunder which Borrower may have or under be able to assert, pursuant to any other agreement or instrument in connection with the Agreement or otherwise afforded by provision of applicable law, shall not be a waiver or preclude the exercise of any right or remedy by Holder. The acceptance by Holder of payment of any sum payable hereunder after the due date of such payment shall not be a waiver of the right of the Holder to require prompt payment when due of all other sums payable hereunder or to declare a default for failure to make prompt payment. If this Note is placed in the hands of an attorney for collection, Borrower shall pay all costs incurred and reasonable attorneys’ fees for legal services in the collection effort, whether or not a suit is brought. (1) Borrower fails to pay on or before the date due, any amount of principal and/or interest payable hereunder; (2) Borrower fails to perform or observe any other term or provision of this Note with respect to payment; provided, however, that Borrower shall be provided with a ten (10) calendar day period to cure same; (3) Borrower fails to perform or observe any other term or provision of this Note; provided, however, that Borrower shall be provided with written notice from Holder of any non-monetary default under this Note and a thirty (30) calendar day period to cure same; (4) there exists a default under the Agreement (as hereinafter defined), or a default under or misrepresentation contained in any other agreement, document or certificate of Borrower, which default is not cured within any grace period expressly provided therefor in such document; (5) Borrower shall: (i) become insolvent or take any action which constitutes its admission of inability to pay its debts as they mature; (ii) make an assignment for the benefit of creditors, file a petition in bankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or a trustee for it or a substantial portion of its assets; (iii) commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation or statute of any jurisdiction, whether now or hereafter in effect; (iv) have filed against it any such petition or application in which an order for relief is entered or which remains undismissed for a period of thirty (30) days or more; (v) indicate its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for it or a substantial portion of its assets; or (vi) suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of ninety (90) days or more; (6) Borrower shall dissolve or wind up; or (7) Borrower shall take any action authorizing, or in furtherance of, any of the foregoing. In addition pertaining to the rights and remedies provided hereinof sureties. If any law referred to in this Section and now in force, Holder may exercise of which Borrower or Borrower's successors or assigns or any other right persons claiming any interest in the Property might take advantage despite this Section, shall hereafter be repealed or remedy cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. Appraisement of the Property is hereby expressly waived, or not, at the option of Lender, such option to be exercised at the time judgment is rendered in any other document, instrument or agreement evidencing, securing or otherwise relating to the indebtedness evidenced hereby in accordance with the terms thereofforeclosure hereof, or under applicable law, all of which rights and remedies shall be cumulative.at any time prior thereto. XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 42

Borrower's Waiver of Certain Rights. To the full extent the Borrower may do so, the Borrower agrees that the Borrower 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 appraisement, valuation, stay, extension or redemption, and each suretythe Borrower, endorser for the Borrower, the Borrower's heirs, devisees, representatives, successors and guarantor hereof hereby waive assigns, and for any and all demands for payment, presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity, demand for payment, protest, notice of protest and notice of dishonorpersons ever claiming any interest in the Premises, to the extent permitted by law. Borrower further waives trial by jury. No extension of time for payment of this Note or any installment hereof, no alteration, amendment or waiver of any provision of this Note and no release or substitution of any collateral securing Borrower’s obligations hereunder shall release, modify, amend, waive, extend, change, discharge, terminate or affect the liability of Borrower under this Note. Any forbearance by Holder in exercising any right or remedy hereunder or under any other agreement or instrument in connection with the Agreement or otherwise afforded by applicable law, hereby waives and releases all rights of redemption (including the statutory right of redemption and the equity of redemption), valuation, appraisement, stay of execution, notice of intention to mature or declare due the whole of the secured indebtedness, notice of election to mature or declare due the whole of the secured indebtedness and all rights to a marshaling of assets of the Borrower, including the Premises, or to a sale in inverse order of alienation in the event of foreclosure of the liens and/or security interests hereby created. The Borrower shall not be a waiver have or preclude the exercise of assert any right under any statute or remedy by Holder. The acceptance by Holder rule of payment law pertaining to the marshaling of any sum payable hereunder after assets, sale in inverse order of alienation, the due date exemption of such payment shall not be a waiver homestead, the administration of estates of decedents, or other matters whatever to defeat, reduce or affect the right of the Holder Agent under the terms of this Deed of Trust to require prompt payment when due a sale of all other sums payable hereunder the Premises for the collection of the secured indebtedness without any prior or to declare a default for failure to make prompt payment. If this Note is placed in the hands of an attorney different resort for collection, or the right of the Agent under the terms of this Deed of Trust to the payment of the secured indebtedness out of the proceeds of sale of the Premises in preference to every other claimant whatever. If any law referred to in this Section and now in force, of which the Borrower shall pay all costs incurred and reasonable attorneys’ fees for legal services or the Borrower's heirs, devisees, representatives, successors or assigns or any other persons claiming any interest in the collection effortPremises might take advantage despite this Section, whether shall hereafter be repealed or cease to be in force, such law shall not a suit is brought. (1) Borrower fails thereafter be deemed to pay on or before preclude the date due, any amount of principal and/or interest payable hereunder; (2) Borrower fails to perform or observe any other term or provision application of this Note with respect to payment; provided, however, that Borrower shall be provided with a ten (10) calendar day period to cure same; (3) Borrower fails to perform or observe any other term or provision of this Note; provided, however, that Borrower shall be provided with written notice from Holder of any non-monetary default under this Note and a thirty (30) calendar day period to cure same; (4) there exists a default under the Agreement (as hereinafter defined), or a default under or misrepresentation contained in any other agreement, document or certificate of Borrower, which default is not cured within any grace period expressly provided therefor in such document; (5) Borrower shall: (i) become insolvent or take any action which constitutes its admission of inability to pay its debts as they mature; (ii) make an assignment for the benefit of creditors, file a petition in bankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or a trustee for it or a substantial portion of its assets; (iii) commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation or statute of any jurisdiction, whether now or hereafter in effect; (iv) have filed against it any such petition or application in which an order for relief is entered or which remains undismissed for a period of thirty (30) days or more; (v) indicate its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for it or a substantial portion of its assets; or (vi) suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of ninety (90) days or more; (6) Borrower shall dissolve or wind up; or (7) Borrower shall take any action authorizing, or in furtherance of, any of the foregoing. In addition to the rights and remedies provided herein, Holder may exercise any other right or remedy in any other document, instrument or agreement evidencing, securing or otherwise relating to the indebtedness evidenced hereby in accordance with the terms thereof, or under applicable law, all of which rights and remedies shall be cumulativeSection.