Common use of Contractual Statute of Limitations Clause in Contracts

Contractual Statute of Limitations. Borrower hereby agrees that any claim or cause of action by Borrower against Lender, or any of Lender’s directors, officers, employees, agents, accountants or attorneys, based upon, arising from or relating to the indebtedness secured hereby, or any other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Lender or by Lender’s directors, officers, employees, agents, accountants or attorneys, whether sounding in contract, in tort or otherwise, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Borrower first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Lender or any other person authorized to accept service of process on behalf of Lender, within thirty (30) days thereafter. Borrower agrees that such one (1) year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) year period provided herein shall not be waived, tolled or extended except by the specific written agreement of Lender. This provision shall survive any termination of this Security Instrument or any of the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Cornerstone Core Properties REIT, Inc.)

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Contractual Statute of Limitations. Borrower hereby agrees that any claim or cause of action by Borrower against Lender, or any of Lender’s directors, officers, employees, agents, accountants or attorneys, based upon, arising from or relating to the indebtedness secured hereby, or any other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Lender or by Lender’s directors, officers, employees, agents, accountants or attorneys, whether sounding in contract, contract or in tort or otherwise, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Borrower first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Lender or any other person authorized to accept service of process on behalf of Lender, within thirty (30) days thereafter. Borrower agrees that such one (1) year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) year period provided herein shall not be waived, tolled or extended except by the specific written agreement of Lender. This provision shall survive any termination of this Security Instrument Mortgage or any of the other Loan Documents.

Appears in 1 contract

Samples: Craftmade International Inc

Contractual Statute of Limitations. Borrower hereby agrees that any claim or cause of action by Borrower or anyone claiming by, through or under Borrower against Lender, or any of Lender’s directors, officers, employees, agents, accountants or attorneys, based uponin connection with, arising from out of, or relating to in any way related to, the indebtedness secured herebyLoan, the Property, this Agreement, any of the other Loan Documents, or any of the transactions contemplated by this Agreement or the other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Lender or by Lender’s directors, officers, employees, agents, accountants or attorneysLoan Documents, whether sounding in contract, contract or in tort or otherwise, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Borrower first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Lender or any other person authorized to accept service of process on behalf of Lender, within thirty (30) days thereafter. Borrower agrees that such one (1) one-year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) one-year period provided herein shall not be waived, tolled or extended except by the specific written agreement of Lender. This provision shall survive any termination of this Security Instrument Agreement or any of the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Strategic Storage Trust II, Inc.)

Contractual Statute of Limitations. Borrower To the extent permitted by applicable law, Grantor hereby agrees that any claim or cause of action by Borrower Grantor against LenderBeneficiary, or any of LenderBeneficiary’s directors, officers, employees, agents, accountants or attorneys, based upon, arising from or relating to the indebtedness secured hereby, or any other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Lender Beneficiary or by LenderBeneficiary’s directors, officers, employees, agents, accountants or attorneys, whether sounding in contract, contract or in tort or otherwise, shall be barred unless asserted by Borrower Grantor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Borrower Grantor first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Lender Beneficiary or any other person authorized to accept service of process on behalf of LenderBeneficiary, within thirty (30) days thereafter. Borrower Grantor agrees that such one (1) year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) year period provided herein shall not be waived, tolled or extended except by the specific written agreement of LenderBeneficiary. This provision shall survive any termination of this Security Instrument Deed of Trust or any of the other Loan Documents.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Contractual Statute of Limitations. Borrower Grantor hereby agrees that any ---------------------------------- claim or cause of action by Borrower Grantor against LenderBeneficiary, or any of Lender’s Beneficiary's directors, officers, employees, agents, accountants or attorneys, based upon, arising from or relating to the indebtedness secured hereby, or any other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Lender Beneficiary or by Lender’s Beneficiary's directors, officers, employees, agents, accountants or attorneys, whether sounding in contract, contract or in tort or otherwise, shall be barred unless asserted by Borrower Grantor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Borrower Grantor first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Lender Beneficiary or any other person authorized to accept service of process on behalf of LenderBeneficiary, within thirty (30) days thereafter. Borrower Grantor agrees that such one (1) year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) year period provided herein shall not be waived, tolled or extended except by the specific written agreement of LenderBeneficiary. This provision shall survive any termination of this Security Instrument Deed of Trust or any of the other Loan Documents.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Nei Webworld Inc)

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Contractual Statute of Limitations. Borrower Grantor hereby agrees that any claim or cause of action by Borrower Grantor against LenderBeneficiary, or any of Lender’s Beneficiary's directors, officers, employees, agents, accountants or attorneys, based upon, arising from or relating to the indebtedness secured hereby, or any other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Lender Beneficiary or by Lender’s Beneficiary's directors, officers, employees, agents, accountants or attorneys, whether sounding in contract, contract or in tort or otherwise, shall be barred unless asserted by Borrower Grantor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Borrower Grantor first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Lender Beneficiary or any other person authorized to accept service of process on behalf of LenderBeneficiary, within thirty (30) days thereafter. Borrower Grantor agrees that such one (1) year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) year period provided herein shall not be waived, tolled or extended except by the specific written agreement of LenderBeneficiary. This provision shall survive any termination of this Security Instrument Deed of Trust or any of the other Loan Documents.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Inland Diversified Real Estate Trust, Inc.)

Contractual Statute of Limitations. Borrower hereby agrees that any claim or cause of action by Borrower or anyone claiming by, through or under Borrower against Lender, or any of Lender’s directors, officers, employees, agents, accountants or attorneys, based uponin connection with, arising from out of, or relating to in any way related to, the indebtedness secured herebyLoan, the Collateral, the Property, this Agreement, any of the other Loan Documents, or any of the transactions contemplated by this Agreement or the other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Lender or by Lender’s directors, officers, employees, agents, accountants or attorneysLoan Documents, whether sounding in contract, contract or in tort or otherwise, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Borrower first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Lender or any other person authorized to accept service of process on behalf of Lender, within thirty (30) days thereafter. Borrower agrees that such one (1) one-year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) one-year period provided herein shall not be waived, tolled or extended except by the specific written agreement of Lender. This provision shall survive any termination of this Security Instrument Agreement or any of the other Loan Documents.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Strategic Storage Trust II, Inc.)

Contractual Statute of Limitations. Borrower Grantor hereby agrees that any claim or cause of action by Borrower Grantor against LenderBeneficiary, or any of Lender’s Beneficiary's directors, officers, employees, agents, accountants or attorneys, based upon, arising from or relating to the indebtedness secured hereby, or any other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or suffered to be done by Lender Beneficiary or by Lender’s Beneficiary's directors, officers, employees, agents, accountants or attorneys, whether sounding in contract, in tort or otherwise, shall be barred unless asserted by Borrower Grantor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one (1) year after Borrower Grantor first acquires or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an officer of Lender Beneficiary or any other person authorized to accept service of process on behalf of LenderBeneficiary, within thirty (30) days thereafter. Borrower Grantor agrees that such one (1) year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) year period provided herein shall not be waived, tolled or extended except by the specific written agreement of LenderBeneficiary. This provision shall survive any termination of this Security Instrument or any of the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Cornerstone Growth & Income REIT, Inc.)

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