Common use of Grantor's Waiver of Rights Clause in Contracts

Grantor's Waiver of Rights. To the fullest extent permitted by law, Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Property from attachment, levy or sale under execution or exemption from civil process. To the full extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homestead, extension or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) before exercising any other remedy granted hereunder and Grantor, for Grantor and its successors and assigns, and for any and all persons ever claiming any interest in the Subject Property, to the extent permitted by law, hereby waives and releases all rights of redemption, homestead, valuation, appraisement, stay of execution, notice of election to mature or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise of the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage).

Appears in 1 contract

Samples: Credit Agreement (Carter William Co /Ga/)

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Grantor's Waiver of Rights. To Except as otherwise set forth -------------------------- herein, to the fullest extent permitted by law, the Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Trust Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness indebtedness or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Trust Property from attachment, levy or sale under execution or exemption from civil process. To Except as otherwise set forth herein, to the full extent the Grantor may do so, the Grantor agrees that the Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homesteadextension, extension reinstatement or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) of Trust before exercising any other remedy granted hereunder and the Grantor, for the Grantor and its successors and assigns, and for any and all persons Persons ever claiming any interest in the Subject Trust Property, to the extent permitted by law, hereby waives and releases all rights of reinstatement, redemption, homestead, valuation, appraisement, appraisement stay of execution, notice of election to mature or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise foreclosure of the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage)liens hereby created.

Appears in 1 contract

Samples: Participation Agreement (Alco Standard Corp)

Grantor's Waiver of Rights. (a) Grantor hereby voluntarily and knowingly releases and waives any and all rights to retain possession of the Mortgaged Property upon the occurrence and during the continuance of an Event of Default, and any and all rights of redemption from any sale hereunder (whether full or partial) allowed under any applicable law, on its own behalf, on behalf of any persons claiming or having an interest (direct or indirectly) by, through or under Grantor and on behalf of any person acquiring any interest in the Mortgaged Property subsequent to the date hereof, it being the intent hereof that any and all such rights or redemption of Grantor and all such other persons are and shall be deemed to be hereby waived to the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law, Grantor shall not invoke or utilize any such law or laws or otherwise hinder, delay, or impede the execution of any right, power, or remedy herein or otherwise granted or delegated to Beneficiary, but shall permit the execution of every such right, power, and remedy as though no such law or laws had been made or enacted. (b) To the fullest extent permitted by law, Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Mortgaged Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness Obligations or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Mortgaged Property from attachment, levy or sale under execution or exemption from civil process. To the full extent Grantor may do sopermitted by applicable law, Grantor agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homestead, extension or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) of Trust before exercising any other remedy granted hereunder and Grantor, for Grantor and its successors and assigns, and for any and all persons ever claiming any interest in the Subject Mortgaged Property, to the extent permitted by law, hereby waives and releases all rights of redemption, homestead, valuation, appraisement, stay of execution, notice of election to mature execution (except as expressly provided in the Credit Agreement) or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise by Trustee or Beneficiary of the rights granted herein (includingforeclosure rights, without limitation, exercise of the power of sale sale, or foreclosure of this Deed as a mortgage)other rights hereby created.

Appears in 1 contract

Samples: Credit Agreement (Health Management Associates Inc)

Grantor's Waiver of Rights. (a) Grantor hereby voluntarily and knowingly releases and waives any and all rights to retain possession of the Mortgaged Property after the occurrence and during the continuation of an Event of Default hereunder and the exercise by Beneficiary of its remedies hereunder and any and all rights of redemption from sale under any order or decree of foreclosure (whether full or partial), pursuant to rights, if any, therein granted, as allowed under any applicable law, on its own behalf, on behalf of all persons claiming or having an interest (direct or indirectly) by, through or under each constituent of Grantor and on behalf of each and every person acquiring any interest in the Mortgaged Property subsequent to the date hereof, it being the intent hereof that any and all such rights of redemption of each constituent of Grantor and all such other persons are and shall be deemed to be hereby waived to the fullest extent permitted by applicable law or replacement statute. Each constituent of Grantor shall not invoke or utilize any such law or laws or otherwise hinder, delay, or impede the execution of any right, power or remedy herein or otherwise granted or delegated to Beneficiary, but shall permit the execution of every such right, power, and remedy as though no such law or laws had been made or enacted. (b) To the fullest extent permitted by law, Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Mortgaged Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness Secured Obligations or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Mortgaged Property from attachment, levy or sale under execution or exemption from civil process. To the full extent Grantor may do so, Grantor Xxxxxxx agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homestead, extension or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) of Trust before exercising any other remedy granted hereunder and Grantor, for Grantor and its successors and assigns, and for any and all persons ever claiming any interest in the Subject Mortgaged Property, to the extent permitted by law, hereby waives and releases all rights of redemption, homestead, valuation, appraisement, stay of execution, notice of election to mature (except as expressly provided in the Loan Documents) or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise by Beneficiary of the rights granted herein (includingforeclosure rights, without limitation, exercise of the power of sale sale, or foreclosure of this Deed as a mortgage)other rights hereby created.

Appears in 1 contract

Samples: Deed of Trust (Gannett Co., Inc.)

Grantor's Waiver of Rights. To The Grantor waives, to the fullest extent permitted allowed by applicable law, Grantor waives the benefit of all laws now existing or that hereafter may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Property, Trust Estate and (ii) any extension of the time for the enforcement of the collection of the Indebtedness Note or the debt evidenced thereby or the creation or BK 1063 PG 367 extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Property from attachment, levy or sale under execution or exemption from civil processdebt. To the full extent the Grantor may do so, the Grantor agrees that the Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homestead, extension or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) before exercising any other remedy granted hereunder and . The Grantor, for Grantor and its the Grantor's heirs, devisees, representatives, successors and assigns, and for any and all persons ever claiming any interest in the Subject PropertyTrust Estate, to the extent permitted by law, hereby waives waive and releases release all rights of redemption, homestead, valuation, appraisement, stay of or execution, notice of election to mature or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise foreclosure of the liens hereby created. If any law referred to in this Section and now in force, of which the Grantor, the Grantor's heirs, devisees, representatives, successors and assigns or other persons might take advantage despite this Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. To the extent permitted by applicable law, the Grantor expressly waives and relinquishes any and all rights granted herein (including, without limitation, exercise and remedies which the Grantor may have or be able to assert by reason of the power laws of sale or foreclosure the State of this Deed as a mortgage)North Carolina pertaining to the rights and remedies of sureties.

Appears in 1 contract

Samples: Loan Agreement (Fountain Powerboat Industries Inc)

Grantor's Waiver of Rights. (a) The Grantor hereby voluntarily and knowingly releases and waives any and all rights to retain possession of the Mortgaged Property after the occurrence of an Event of Default hereunder and any and all rights of redemption from sale under any order or decree of foreclosure (whether full or partial), pursuant to rights, if any, therein granted, as allowed under any applicable law, on its own behalf, on behalf of all persons claiming or having an interest (direct or indirectly) by, through or under each constituent of the Grantor and on behalf of each and every person acquiring any interest in the Mortgaged Property subsequent to the date hereof, it being the intent hereof that any and all such rights or redemption of each constituent of the Grantor and all such other persons are and shall be deemed to be hereby waived to the fullest extent permitted by applicable law or replacement statute. Each constituent of the Grantor shall not invoke or utilize any such law or laws or otherwise hinder, delay, or impede the execution of any right, power, or remedy herein or otherwise granted or delegated to the Grantee, but shall permit the execution of every such right, power, and remedy as though no such law or laws had been made or enacted. (b) To the fullest extent permitted by law, the Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Mortgaged Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness Obligations or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Mortgaged Property from attachment, levy or sale under execution or exemption from civil process. To the full extent the Grantor may do so, the Grantor agrees that the Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homestead, extension or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Security Deed as a mortgage) before exercising any other remedy granted hereunder and the Grantor, for the Grantor and its successors and assigns, and for any and all persons ever claiming any interest in the Subject Mortgaged Property, to the extent permitted by law, hereby waives and releases all rights of redemption, homestead, valuation, appraisement, stay of execution, notice of election to mature (except as expressly provided in the Indenture Documents) or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise by the Grantee of the rights granted herein (includingforeclosure rights, without limitation, exercise of the power of sale sale, or foreclosure of this Deed as a mortgage)other rights hereby created.

Appears in 1 contract

Samples: Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents (MRS Fields Financing Co Inc)

Grantor's Waiver of Rights. (a) Grantor hereby voluntarily and knowingly releases and waives any and all rights to retain possession of the Trust Property after the occurrence of an Event of Default hereunder and any and all rights of redemption from sale under any order or decree of foreclosure (whether full or partial), pursuant to rights, if any, therein granted, as allowed under any applicable law, on its own behalf, on behalf of all persons claiming or having an interest (direct or indirectly) by, through or under each constituent of Grantor and on behalf of each and every person acquiring any interest in the Trust Property subsequent to the date hereof, it being the intent hereof that any and all such rights or redemption of each constituent of Grantor and all such other persons are and shall be deemed to be hereby waived to the fullest extent permitted by applicable law or replacement statute. Each constituent of Grantor shall not invoke or utilize any such law or laws or otherwise hinder, delay, or impede the execution of any right, power, or remedy herein or otherwise granted or delegated to Beneficiary, but shall permit the execution of every such right, power, and remedy as though no such law or laws had been made or enacted. (b) To the fullest extent permitted by law, Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Trust Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness Obligations or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Trust Property from attachment, levy or sale under execution or exemption from civil process. To the full extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homestead, extension or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) of Trust before exercising any other remedy granted hereunder and Grantor, for Grantor and its successors and assigns, and for any and all persons ever claiming any interest in the Subject Trust Property, to the extent permitted by law, hereby waives and releases all rights of redemption, homestead, valuation, appraisement, stay of execution, notice of election to mature (except as expressly provided in the Credit Agreement) or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise of the rights granted herein (including, without limitation, exercise by Trustee or Beneficiary of the power of sale sale, or foreclosure of this Deed as a mortgage)other rights hereby created.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, Inc.)

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Grantor's Waiver of Rights. 7. Grantor hereby voluntarily and knowingly releases and waives any and all rights to retain possession of the Trust Property after the occurrence of an Event of Default and any and all rights of redemption from sale under any order or decree of foreclosure (whether full or partial), pursuant to rights, if any, therein granted, as allowed under any applicable law, on its own behalf, on behalf of all persons claiming or having an interest (direct or indirectly) by, through or under each constituent of Grantor and on behalf of each and every person acquiring any interest in the Trust Property subsequent to the date hereof, it being the intent hereof that any and all such rights or redemption of each constituent of Grantor and all such other persons are and shall be deemed to be hereby waived to the fullest extent permitted by applicable law or replacement statute. Each constituent of Grantor shall not invoke or utilize any such law or laws or otherwise hinder, delay, or impede the execution of any right, power, or remedy herein or otherwise granted or delegated to Beneficiary, but shall permit the execution of every such right, power, and remedy as though no such law or laws had been made or enacted. (i) To the fullest extent permitted by law, Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Trust Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness Obligations or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Trust Property from attachment, levy or sale under execution or exemption from civil process. To the full extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homestead, extension or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) of Trust before exercising any other remedy granted hereunder and Grantor, for Grantor and its successors and assigns, and for any and all persons ever claiming any interest in the Subject Trust Property, to the extent permitted by law, hereby waives and releases all rights of redemption, homestead, valuation, appraisement, stay of execution, notice of election to mature (except as expressly provided in the Credit Agreement) or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise by Trustee or Beneficiary of the rights granted herein (includingforeclosure rights, without limitation, exercise of the power of sale sale, or foreclosure of this Deed as a mortgage)other rights hereby created.

Appears in 1 contract

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Grantor's Waiver of Rights. To Except as otherwise set forth -------------------------- herein, to the fullest extent permitted by law, the Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Trust Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness indebtedness or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Trust Property from attachment, levy or sale under execution or exemption from civil process. To Except as otherwise set forth herein, to the full extent the Grantor may do so, the Grantor agrees that the Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homesteadextension, extension reinstatement or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) of Trust before exercising any other remedy granted hereunder hereunder, and the Grantor, for the Grantor and its successors and assigns, and for any and all persons Persons ever claiming any interest in the Subject Trust Property, to the extent permitted by law, hereby waives and releases all rights of reinstatement, redemption, homestead, valuation, appraisement, appraisement stay of execution, notice of election to mature or declare due the whole of the secured indebtedness and marshalling marshaling in the event of Grantee's exercise foreclosure of the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage)liens hereby created.

Appears in 1 contract

Samples: Master Agreement (Jones Financial Companies Lp LLP)

Grantor's Waiver of Rights. (a) Grantor hereby voluntarily and knowingly releases and waives any and all rights to retain possession of the Mortgaged Property upon the occurrence and during the continuance of an Event of Default and any and all rights of redemption from sale under any order or decree of foreclosure (whether full or partial), pursuant to rights, if any, therein granted, as allowed under any applicable law, on its own behalf, on behalf of all persons claiming or having an interest (direct or indirectly) by, through or under Grantor and on behalf of each and every person acquiring any interest in the Mortgaged Property subsequent to the date hereof, it being the intent hereof that any and all such rights of redemption of Grantor and all such other persons are and shall be deemed to be hereby waived to the fullest extent permitted by applicable law or replacement statute. To the fullest extent permitted by applicable law, Grantor shall not invoke or utilize any such law or laws or otherwise hinder, delay, or impede the execution of any right, power, or remedy herein or otherwise granted or delegated to Beneficiary, but shall permit the execution of every such right, power, and remedy as though no such law or laws had been made or enacted. (b) To the fullest extent permitted by law, Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Mortgaged Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness Obligations or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Mortgaged Property from attachment, levy or sale under execution or exemption from civil process. To the full extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homestead, extension or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) of Trust before exercising any other remedy granted hereunder and Grantor, for Grantor and its successors and assigns, and for any and all persons ever claiming any interest in the Subject Mortgaged Property, to the extent permitted by law, hereby waives and releases all rights of redemption, homestead, valuation, appraisement, stay of execution, notice of election to mature (except as expressly provided in the Credit Agreement) or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise by Trustee or Beneficiary of the rights granted herein (includingforeclosure rights, without limitation, exercise of the power of sale sale, or foreclosure of this Deed as a mortgage)other rights hereby created.

Appears in 1 contract

Samples: Credit Agreement (Energy Future Intermediate Holding CO LLC)

Grantor's Waiver of Rights. To Except as otherwise set forth -------------------------- herein, to the fullest extent permitted by law, Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Subject Trust Property, (ii) any extension of the time for the enforcement of the collection of the Indebtedness indebtedness or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Subject Trust Property from attachment, levy or sale under execution or exemption from civil process. To Except as otherwise set forth herein, to the full extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, homestead, extension or redemption, or requiring Grantee to exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this Deed as a mortgage) of Trust before exercising any other remedy granted hereunder and Grantor, for Grantor and its successors and assigns, and for any and all persons Persons ever claiming any interest in the Subject Trust Property, to the extent permitted by law, hereby waives and releases all rights of redemption, homestead, valuation, appraisement, stay of execution, notice of election to mature or declare due the whole of the secured indebtedness and marshalling in the event of Grantee's exercise of the rights granted herein (including, without limitation, exercise by Trustee or Beneficiary of the power of sale or foreclosure of this Deed as a mortgage)other rights hereby created.

Appears in 1 contract

Samples: Participation Agreement (Paragon Health Network Inc)

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