General Suretyship Waivers. (i) Trustor waives any right to require Beneficiary to: (i) proceed against any Obligor or any other person; (ii) marshal assets or proceed against or exhaust any security held from any Obligor or any other person; (iii) take any action or pursue any other remedy in Beneficiary's power; or (iv) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Beneficiary as security for or which constitute in whole or in part the Obligations, or in connection with the creation of new or additional obligations. (ii) Trustor waives any defense to its obligations hereunder based upon or arising by reason of: (i) any disability or other defense of any Obligor or any other person; (ii) the cessation or limitation from any cause whatsoever, other than payment in full, of any Obligation; (iii) any lack of authority of any officer, director, partner, agent or any other person acting or purporting to act on behalf of any Obligor which is a corporation, partnership or other type of entity, or any defect in the formation of any such Obligor; (iv) the application by any Obligor of the proceeds of any Obligation for purposes other than the purposes represented by any Obligor to, or intended or understood by, Beneficiary or any Trustor; (v) any act or omission by Beneficiary which directly or indirectly results in or aids the discharge of any Obligor of any portion of the Obligations by operation of law or otherwise, or which in any way impairs or suspends any rights or remedies of Beneficiary against any Obligor; (vi) any impairment of the value of any interest in any security for the Obligations or any portion thereof, including without limitation, the failure to obtain or maintain perfection or recordation of any interest in any such security, the release of any such security without substitution, and/or the failure to preserve the value of, or to comply with applicable law in disposing of, any such security; or (vii) any modification of the Obligations, in any form whatsoever, including without limitation the renewal, extension, acceleration or other change in time for payment of, or other change in the terms of, the Obligations or any portion thereof, including increase or decrease of the rate of interest thereon. Until all Obligations shall have been paid in full, no Trustor shall have any right of subrogation, and Trustor waives any right to enforce any remedy which Beneficiary now has or may hereafter have against any Obligor or any other person, and waives any benefit of, or any right to participate in, any security now or hereafter held by Beneficiary. Trustor further waives all rights and defenses it may have arising out of: (1) any election of remedies by Beneficiary, even though that election of remedies, such as a non-judicial foreclosure with respect to any security for any portion of the Obligations, destroys Trustor's rights of subrogation or Trustor's rights to proceed against any Obligor for reimbursement; or (2) any loss of rights Trustor may suffer by reason of any rights, powers or remedies of any Obligor in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging any Obligor's obligations, whether by operation of Sections 726, 580a and 580d of the Code of Civil Procedure as from time to time amended (to the extent California law applies or may be determined to apply), or otherwise, including any rights Trustor may have to a Section 580a fair market value hearing to determine the size of a deficiency following any trustee's foreclosure sale or other disposition of any security for any portion of the Obligations (to the extent California law applies or may be determined to apply). (iii) If any of said waivers is determined to be contrary to any applicable law or public policy, such waiver shall be effective to the extent permitted by applicable law or public policy.
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Samples: Deed of Trust (Lakes Entertainment Inc), Deed of Trust (Lakes Entertainment Inc), Deed of Trust (Lakes Entertainment Inc)
General Suretyship Waivers. (i) Trustor waives any right to require Beneficiary to: (i) proceed against any Obligor or any other person; (ii) marshal assets or proceed against or exhaust any security held from any Obligor or any other person; (iii) take any action or pursue any other remedy in Beneficiary's power; or (iv) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Beneficiary as security for or which constitute in whole or in part the Obligations, or in connection with the creation of new or additional obligations.
(ii) Trustor waives any defense to its obligations hereunder based upon or arising by reason of: (i) any disability or other defense of any Obligor or any other person; (ii) the cessation or limitation from any cause whatsoever, other than payment in full, of any Obligation; (iii) any lack of authority of any officer, director, partner, agent or any other person acting or purporting to act on behalf of any Obligor which is a corporation, partnership or other type of entity, or any defect in the formation of any such Obligor; (iv) the application by any Obligor of the proceeds of any Obligation for purposes other than the purposes represented by any Obligor to, or intended or understood by, Beneficiary or any Trustor; (v) any act or omission by Beneficiary which directly or indirectly results in or aids the discharge of any Obligor of any portion of the Obligations by operation of law or otherwise, or which in any way impairs or suspends any rights or remedies of Beneficiary against any Obligor; (vi) any impairment of the value of any interest in any security for the Obligations or any portion thereof, including without limitation, the failure to obtain or maintain perfection or recordation of any interest in any such security, the release of any such security without substitution, and/or the failure to preserve the value of, or to comply with applicable law in disposing of, any such security; or (vii) any modification of the Obligations, in any form whatsoever, including without limitation the renewal, extension, acceleration or other change in time for payment of, or other change in the terms of, the Obligations or any portion thereof, including increase or decrease of the rate of interest thereon. Until all Obligations shall have been paid in full, no Trustor shall have any right of subrogation, and Trustor Trastor waives any right to enforce any remedy which Beneficiary now has or may hereafter have against any Obligor or any other person, and waives any benefit of, or any right to participate in, any security now or hereafter held by Beneficiary. Trustor further waives all rights and defenses it may have arising out of: (1) any election of remedies by Beneficiary, even though that election of remedies, such as a non-judicial foreclosure with respect to any security for any portion of the Obligations, destroys Trustor's rights of subrogation or Trustor's rights to proceed against any Obligor for reimbursement; or (2) any loss of rights Trustor may suffer by reason of any rights, powers or remedies of any Obligor in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging any Obligor's obligations, whether by operation of Sections 726, 580a and 580d of the Code of Civil Procedure as from time to time amended (to the extent California law applies or may be determined to apply), or otherwise, including any rights Trustor may have to a Section 580a fair market value hearing to determine the size of a deficiency following any trustee's foreclosure sale or other disposition of any security for any portion of the Obligations (to the extent California law applies or may be determined to apply).
(iii) If any of said waivers is determined to be contrary to any applicable law or public policy, such waiver shall be effective to the extent permitted by applicable law or public policy.
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General Suretyship Waivers. (i) Trustor waives any right to require Beneficiary to: (i) proceed against any Obligor or any other person; (ii) marshal assets or proceed against or exhaust any security held from any Obligor or any other person; (iii) take any action or pursue any other remedy in Beneficiary's power; or (iv) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Beneficiary as security for or which constitute in whole or in part the Obligations, or in connection with the creation of new or additional obligations.
(ii) Trustor waives any defense to its obligations hereunder based upon or arising by reason of: (i) any disability or other defense of any Obligor or any other person; (ii) the cessation or limitation from any cause whatsoever, other than payment in full, of any Obligation; (iii) any lack of authority of any officer, director, partner, agent or any other person acting or purporting to act on behalf of any Obligor which is a corporation, partnership or other type of entity, or any defect in the formation of any such Obligor; (iv) the application by any Obligor of the proceeds of any Obligation for purposes other than the purposes represented by any Obligor to, or intended or understood by, Beneficiary or any Trustor; (v) any act or omission by Beneficiary which directly or indirectly results in or aids the discharge of any Obligor of any portion of the Obligations by operation of law or otherwise, or which in any way impairs or suspends any rights or remedies of Beneficiary against any Obligor; (vi) any impairment of the value of any interest in any security for the Obligations or any portion thereof, including without limitation, the failure to obtain or maintain perfection or recordation of any interest in any such security, the release of any such security without substitution, and/or the failure to preserve the value of, or to comply with applicable law in disposing of, any such security; or (vii) any modification of the Obligations, in any form whatsoever, including without limitation the renewal, extension, acceleration or other change in time for payment of, or other change in the terms of, the Obligations or any portion thereof, including increase or decrease of the rate of interest thereon. Until all Obligations shall have been paid in full, no Trustor shall have any right of subrogation, and Trustor waives any right to enforce any remedy which Beneficiary now has or may hereafter have against any Obligor or any other person, and waives any benefit of, or any right to participate in, any security now or hereafter held by Beneficiary. Trustor further waives all rights and defenses it may have arising out of: (1) any election of remedies by Beneficiary, even though that election of remedies, such as a non-judicial foreclosure with respect to any security for any portion of the Obligations, destroys Trustor's rights of subrogation or Trustor's rights to proceed against any Obligor for reimbursement; or (2) any loss of rights Trustor may suffer by reason of any rights, powers or remedies of any Obligor in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging any Obligor's obligations, whether by operation of Sections 726, 580a and 580d 58Od of the Code of Civil Procedure as from time to time amended (to the extent California law applies or may be determined to apply), or otherwise, including any rights Trustor may have to a Section 580a fair market value hearing to determine the size of a deficiency following any trustee's foreclosure sale or other disposition of any security for any portion of the Obligations (to the extent California law applies or may be determined to apply).
(iii) If any of said waivers is determined to be contrary to any applicable law or public policy, such waiver shall be effective to the extent permitted by applicable law or public policy.
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General Suretyship Waivers. (i) Trustor waives any right to require Beneficiary to: (i) proceed against any Obligor or any other person; (ii) marshal assets or proceed against or exhaust any security held from any Obligor or any other person; (iii) take any action or pursue any other remedy in Beneficiary's power; or (iv) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Beneficiary as security for or which constitute in whole or in part the Obligations, or in connection with the creation of new or additional obligations.
(ii) Trustor waives any defense to its obligations hereunder based upon or arising by reason of: (i) any disability or other defense of any Obligor or any other person; (ii) the cessation or limitation from any cause whatsoever, other than payment in full, of any Obligation; (iii) any lack of authority of any officer, director, partner, agent or any other person acting or purporting to act on behalf of any Obligor which is a corporation, partnership or other type of entity, or any defect in the formation of any such Obligor; (iv) the application by any Obligor of the proceeds of any Obligation for purposes other than the purposes represented by any Obligor to, or intended or understood by, Beneficiary or any Trustor; (v) any act or omission by Beneficiary which directly or indirectly results in or aids the discharge of any Obligor of any portion of the Obligations by operation of law or otherwise, or which in any way impairs or suspends any rights or remedies of Beneficiary against any Obligor; (vi) any impairment of the value of any interest in any security for the Obligations or any portion thereof, including without limitation, the failure to obtain or maintain perfection or recordation of any interest in any such security, the release of any such security without substitution, and/or the failure to preserve the value of, or to comply with applicable law in disposing of, any such security; or (vii) any modification of the Obligations, in any form whatsoever, including without limitation the renewal, extension, acceleration or other change in time for payment of, or other change in the terms of, the Obligations or any portion thereof, including increase or decrease of the rate of interest thereon. Until all Obligations shall have been paid in full, no Trustor shall have any right of subrogation, and Trustor waives any right to enforce any remedy which Beneficiary now has or may hereafter have against any Obligor or any other person, and waives any benefit of, or any right to participate in, any security now or hereafter held by Beneficiary. Trustor further waives all rights and defenses it may have arising out of: (1) any election of remedies by Beneficiary, even though that election of remedies, such as a non-judicial foreclosure with respect to any security for any portion of the Obligations, destroys Trustor's rights of subrogation or Trustor's rights to proceed against any Obligor for reimbursement; or (2) any loss of rights Trustor may suffer by reason of any rights, powers or remedies of any Obligor in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging any Obligor's obligations, whether by operation of Sections 726, 580a and 580d of the Code of Civil Procedure as from time to time amended (to the extent California law applies or may be determined to apply), or otherwise, including any rights Trustor may have to a Section 580a fair market value hearing to determine the size of a deficiency following any trustee's foreclosure sale or other disposition of any security for any portion of the Obligations (to the extent California law applies or may be determined to apply).
(iii) If any of said waivers is determined to be contrary to any applicable law or public policy, such waiver shall be effective to the extent permitted by applicable law or public policy.or
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