Common use of Contractual Statute of Limitations Clause in Contracts

Contractual Statute of Limitations. Grantor hereby agrees that any claim or cause of action by Grantor against Beneficiary, or any of 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 Beneficiary or by Beneficiary's directors, officers, employees, agents, accountants or attorneys, whether sounding in contract, in tort or otherwise, shall be barred unless asserted by 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 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 Beneficiary or any other person authorized to accept service of process on behalf of Beneficiary, within thirty (30) days thereafter. 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 Beneficiary. This provision shall survive any termination of this Security Instrument or any of the other Loan Documents.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Cornerstone Growth & Income REIT, Inc.)

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Contractual Statute of Limitations. Grantor hereby agrees that any claim or cause of action by Grantor against Beneficiary, or any of 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 Beneficiary or by 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 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 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 Beneficiary or any other person authorized to accept service of process on behalf of Beneficiary, within thirty (30) days thereafter. 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 Beneficiary. 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. Grantor hereby Borrower agrees that any claim or cause of action by Grantor Borrower or anyone claiming by, through or under Borrower against BeneficiaryLender, or any of Beneficiary's 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 Beneficiary or by Beneficiary'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 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 Grantor 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 Beneficiary Lender or any other person authorized to accept service of process on behalf of BeneficiaryLender, within thirty (30) days thereafter. Grantor 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 BeneficiaryLender. 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.)

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Contractual Statute of Limitations. Grantor hereby Borrower agrees that any claim or cause of action by Grantor Borrower or anyone claiming by, through or under Borrower against BeneficiaryLender, or any of Beneficiary's 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 Beneficiary or by Beneficiary'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 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 Grantor 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 Beneficiary Lender or any other person authorized to accept service of process on behalf of BeneficiaryLender, within thirty (30) days thereafter. Grantor 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 BeneficiaryLender. 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.)

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