Common use of Confirmation of Waivers Clause in Contracts

Confirmation of Waivers. In accordance with California Civil Code Section 2856(c), Guarantor, as guarantor, hereby makes the following waivers: (A) Guarantor waives all rights and defenses that Guarantor may have because the Loan is secured by real property. This means, among other things: (1) Lender may collect from Guarantor without first foreclosing on any other real or personal property collateral pledged by the Borrower, Operating Lessee or any other Person (each an “Other Obligor” and collectively, the “Other Obligors”). (2) If Lender forecloses on any real property collateral pledged by any Other Obligor: a. The amount of the Loan may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price. b. Lender may collect from Guarantor even if Lender, by foreclosing on the real property collateral, has destroyed any right Guarantor may have to collect from any Other Obligor. (B) This is an unconditional and irrevocable waiver of any rights and defenses Guarantor may have because the debtor’s debt is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section 580a, 580b, 580d or 726 of the California Code of Civil Procedures.

Confirmation of Waivers. In accordance with California Civil Code Section 2856(c), Guarantor, as guarantor, hereby makes the following waivers: (Aa) Guarantor waives all rights and defenses that Guarantor may have because the Loan is secured by real property. This means, among other things: (1i) Lender may collect from Guarantor without first foreclosing on any other real or personal property collateral pledged by the Borrower, Operating Lessee Borrower or any other Person (each an “Other Obligor” and collectively, the “Other Obligors”). (2ii) If Lender forecloses on any real property collateral pledged by any Other Obligor: a. (A) The amount of the Loan may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price. b. (B) Lender may collect from Guarantor even if Lender, by foreclosing on the real property collateral, has destroyed any right Guarantor may have to collect from any Other Obligor. (Bb) This is an unconditional and irrevocable waiver of any rights and defenses Guarantor may have because the debtor’s debt is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section 580a, 580b, 580d or 726 of the California Code of Civil Procedures.

Confirmation of Waivers. In accordance with California Civil Code Section 2856(c), Guarantor, as guarantor, hereby makes the following waivers: (A) Guarantor waives all rights and defenses that Guarantor may have because the Loan is secured by real property. This means, among other things: (1i) Lender may collect from Guarantor without first foreclosing on any other real or personal property collateral pledged by the Borrower, Operating Lessee Borrower or any other Person (each an “Other Obligor” and collectively, the “Other Obligors”). (2ii) If Lender forecloses on any real property collateral pledged by any Other Obligor: a. (A) The amount of the Loan may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price. b. (B) Lender may collect from Guarantor even if Lender, by foreclosing on the real property collateral, has destroyed any right Guarantor may have to collect from any Other Obligor. (B) . This is an unconditional and irrevocable waiver of any rights and defenses that Guarantor may have because the debtor’s debt Loan is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section on Sections 580a, 580b, 580d or 726 of the California Code of Civil ProceduresProcedure.

Confirmation of Waivers. (a) In accordance with California Civil Code Section 2856(c), Guarantor, as guarantor, hereby makes the following waivers: (A) Guarantor waives all rights and defenses that Guarantor may have because the Loan is secured by real property. This means, among other things: (1i) Lender may collect from Guarantor without first foreclosing on any other real or personal property collateral pledged by the Borrower, Operating Lessee Borrower or any other Person person (each an “Other Obligor” and collectively, the “Other Obligors”). (2ii) If Lender forecloses on any real property collateral pledged by any Other Obligor: a. (A) The amount of the Loan may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price.; and b. (B) Lender may collect from Guarantor even if Lender, by foreclosing on the real property collateral, has destroyed any right Guarantor may have to collect from any Other Obligor. (Bb) This is an unconditional and irrevocable waiver of any rights and defenses Guarantor may have because the debtor’s debt Loan is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section Sections 580a, 580b, 580d or 726 of the California Code of Civil ProceduresProcedure.

Confirmation of Waivers. In accordance with California Civil Code Section 2856(c), Guarantor, as guarantor, hereby makes the following waivers: (Aa) Guarantor waives all rights and defenses that Guarantor may have because the Loan is secured by real property. This means, among other things: (1i) Lender may collect from Guarantor without first foreclosing on any other real or personal property collateral pledged by the Borrower, Operating Lessee or any other Person (each an “Other Obligor” and collectively, the “Other Obligors”). (2ii) If Lender forecloses on any real property collateral pledged by any Other Obligor: a. (A) The amount of the Loan may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price. b. (B) Lender may collect from Guarantor even if Lender, by foreclosing on the real property collateral, has destroyed any right Guarantor may have to collect from any Other Obligor. (Bb) This is an unconditional and irrevocable waiver of any rights and defenses Guarantor may have because the debtor’s debt is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section 580a, 580b, 580d or 726 of the California Code of Civil Procedures.

Confirmation of Waivers. In accordance with California Civil Code Section 2856(c), Guarantor, as guarantor, hereby makes the following waivers: (A) Guarantor waives all rights and defenses that Guarantor may have because the Loan is secured by real property. This means, among other things: (1) Lender may collect from Guarantor without first foreclosing on any other real or personal property collateral pledged by the Borrower, Operating Lessee Borrower or any other Person (each an “Other Obligor” and collectively, the “Other Obligors”). (2) If Lender forecloses on any real property collateral pledged by any Other Obligor: a. The amount of the Loan may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price. b. Lender may collect from Guarantor even if Lender, by foreclosing on the real property collateral, has destroyed any right Guarantor may have to collect from any Other Obligor. (B) This is an unconditional and irrevocable waiver of any rights and defenses Guarantor may have because the debtor’s debt Loan is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section 580a, 580b, 580d or 726 of the California Code of Civil ProceduresProcedure.

Confirmation of Waivers. In accordance with California Civil Code Section 2856(c), each Borrower Guarantor, as guarantor, hereby makes the following waivers: (Aa) Guarantor The guarantor waives all rights and defenses that Guarantor the guarantor may have because the Loan debtor's debt is secured by real property. This means, among other things: (1i) Lender The creditor may collect from Guarantor the guarantor without first foreclosing on any other real or personal property collateral pledged by the Borrower, Operating Lessee debtor or any other Person (each an “Other Obligor” and collectively, the “Other Obligors”)person. (2ii) If Lender the creditor forecloses on any real property collateral pledged by any Other Obligorthe debtor: a. (1) The amount of the Loan debt may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price. b. Lender (2) The creditor may collect from Guarantor the guarantor even if Lenderthe creditor, by foreclosing on the real property collateral, has destroyed any right Guarantor the guarantor may have to collect from any Other Obligor. (B) the debtor. This is an unconditional and irrevocable waiver of any rights and defenses Guarantor the guarantor may have because the debtor’s 's debt is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section 580a, 580b, 580d or 726 of the California Code of Civil ProceduresProcedure.

Confirmation of Waivers. In accordance with the Cross-collateralized Borrowers’ Obligations are Secured by Real Property. The following waivers are made only to the extent allowable under California Civil Code Section 2856(c), Guarantor, as guarantor, hereby makes the following waivers:law. (Ai) Guarantor Borrower waives all rights and defenses that Guarantor Borrower may have because the Loan is Cross-collateralized Borrowers’ obligations are secured by real property. This means, among other things: (1A) Lender may collect from Guarantor Borrower without first foreclosing on any other real or personal property collateral for the Cross-collateralized Borrowers’ obligations pledged by the Borrower, Operating Lessee Crass-collateralized Borrowers or any other Person (each an “Other Obligor” and collectively, the “Other Obligors”).person; and (2B) If if Lender forecloses on any real property collateral pledged by the Cross-collateralized Borrowers or any Other Obligorother person: a. The (1) the amount of the Loan Cross-collateralized Borrowers’ obligations outstanding may be reduced only by the price for which the real property collateral is sold at the foreclosure sale, even if the real property collateral is worth more than the sale price.; and b. (2) Lender may collect from Guarantor Borrower even if Lender, by foreclosing on the real property collateral, has destroyed any right Guarantor Borrower may have to collect from any Other Obligorthe Cross-collateralized Borrowers. (Bii) This is an These are unconditional and irrevocable waiver waivers of any rights and defenses Guarantor Borrower may have because the debtor’s Cross-collateralized Borrowers’ debt is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section 580a, 580b, 580d or 726 of the California Code of Civil ProceduresProcedure.