Contractual Statute of Limitations. To the extent permitted by applicable law, 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 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 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. To the extent permitted by applicable law, Grantor Borrower hereby agrees that any claim or cause of action by Grantor Borrower against BeneficiaryLender, or any of BeneficiaryLender’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 Lender or by BeneficiaryLender’s directors, officers, employees, agents, accountants or attorneys, whether sounding in contract or contract, in tort or otherwise, shall be barred unless asserted by Grantor 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 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) 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 BeneficiaryLender. This provision shall survive any termination of this Deed of Trust Security Instrument or any of the other Loan Documents.
Appears in 1 contract
Contractual Statute of Limitations. To the extent permitted by applicable law, Grantor Borrower hereby agrees that any claim or cause of action by Grantor Borrower against BeneficiaryLender, or any of BeneficiaryLender’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 Lender or by BeneficiaryLender’s directors, officers, employees, agents, accountants or attorneys, whether sounding in contract or in tort or otherwise, shall be barred unless asserted by Grantor 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 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) 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 BeneficiaryLender. This provision shall survive any termination of this Deed of Trust Mortgage or any of the other Loan Documents.
Appears in 1 contract
Contractual Statute of Limitations. To the extent permitted by applicable law, Grantor hereby agrees that any ---------------------------------- claim or cause of action by Grantor against Beneficiary, or any of Beneficiary’s '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 's directors, officers, employees, agents, accountants or attorneys, whether sounding in 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 Deed of Trust or any of the other Loan Documents.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Nei Webworld Inc)