Common use of Liens on Real Property Clause in Contracts

Liens on Real Property. In the event that all or any part of the Secured Obligations at any time are secured by any one or more deeds of trust or mortgages creating or granting Liens on any interests in real property, each Grantor authorizes Secured Party, upon the occurrence of and during the continuance of any Event of Default, at its sole option, without notice or demand and without affecting any Secured Obligations, the enforceability of this Agreement, or the validity or enforceability of any Liens of any Secured Party on any collateral, to foreclose any or all of such deeds of trust or mortgages by judicial or nonjudicial sale. Insofar as the Liens created herein secure the obligations of other Persons, (i) each Grantor expressly waives any defenses to the enforcement of this Agreement or any Liens created or granted hereby or to the recovery by Secured Party against the Borrower or any other Person liable therefor of any deficiency after a judicial or nonjudicial foreclosure or sale, even though such a foreclosure or sale may impair the subrogation rights of such Grantor and may preclude such Grantor from obtaining reimbursement or contribution from any other Person and (ii) each Grantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ 580a, 580b, 580d or 726, or comparable provisions of the Laws of any other jurisdiction and all other suretyship defenses it otherwise might or would have under California Law or other applicable Law. Each Grantor expressly waives any right to receive notice of any judicial or nonjudicial foreclosure or sale of any real property or interest therein subject to any such deeds of trust or mortgages and such Grantor’s failure to receive any such notice shall not impair or affect such Grantor’s obligations hereunder or the enforceability of this Agreement or any Liens created or granted hereby.

Appears in 1 contract

Samples: Security Agreement (Wd 40 Co)

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Liens on Real Property. In the event that all or any part of the Secured Guarantied Obligations at any time are secured by any one or more deeds of trust or mortgages or other instruments creating or granting Liens on any interests in real propertyProperty, each Grantor Guarantor authorizes Secured Party, upon the occurrence of and during the continuance of any Event of DefaultDefault and subject to compliance with the requirements of any applicable Gaming Laws, at its sole option, without notice or demand and without affecting any Secured ObligationsGuarantied Obligations of any Guarantor, the enforceability of this AgreementGuaranty, or the validity or enforceability of any Liens of any Secured Party on any collateralCollateral, to foreclose any or all of such deeds of trust or mortgages or other instruments by judicial or nonjudicial sale. Insofar as To the Liens created herein secure the obligations of other Personsextent permitted by applicable Laws, (i) each Grantor Guarantor expressly waives any defenses right to the enforcement of this Agreement or any Liens created or granted hereby or to the recovery by Secured Party against the Borrower or any other Person liable therefor receive notice of any deficiency after a judicial or nonjudicial foreclosure or sale, even though sale of any real Property or interest therein subject to any such a foreclosure deeds of trust or sale may mortgages or other instruments and any Guarantor’s or any other Person’s failure to receive any such notice shall not impair or affect Guarantors’ Obligations or the subrogation enforceability of this Guaranty or any rights of such Grantor and may preclude such Grantor from obtaining reimbursement Secured Party created or contribution from any other Person and (ii) each Grantor granted hereby. Each Guarantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ 580a, 580b, 580d or 726, NRS Section 40.430 and judicial decisions relating thereto, and NRS Sections 40.451, 40.455, 40.457 and 40.459, or comparable provisions of the Laws of any other jurisdiction jurisdiction, and all other suretyship similar defenses it otherwise might or would have under California Law or other applicable Law. Each Grantor expressly Without limiting the foregoing, each Guarantor waives all rights and defenses that it may have because any right to receive notice of the Guarantied Obligations of any judicial other party are secured by real property. This means, among other things: (1) Secured Party may collect from such Guarantor without first foreclosing on any real or nonjudicial foreclosure or sale of personal property collateral pledged by any other party, (2) If Secured Party forecloses on any real property or interest therein subject collateral pledged by any other party: (A) The amount of the debt may be reduced only by the price for which that collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price, (B) Secured Party may collect from such Guarantor even if Secured Party, by foreclosing on the real property collateral, has destroyed any right such Guarantor may have to collect from such other party. This is an unconditional and irrevocable waiver of any rights and defenses any Guarantor may have because any such deeds of trust or mortgages and such Grantorother party’s failure to receive any such notice shall not impair or affect such Grantor’s obligations hereunder or the enforceability of this Agreement or any Liens created or granted herebydebt is secured by real property.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Entertainment Inc)

Liens on Real Property. In the event that all or any part of the Secured Obligations at any time are secured by any one or more deeds of trust or mortgages or other instruments creating or granting Liens on any interests in real propertyProperty, each Grantor authorizes Secured Party, upon the occurrence of and during the continuance of any Event of Default, at its sole option, without notice or demand and without affecting any Secured ObligationsObligations of any Grantor, the enforceability of this AgreementAssignment, or the validity or enforceability of any Liens of any Secured Party on any collateralCollateral, to foreclose any or all of such deeds of trust or mortgages or other instruments by judicial or nonjudicial sale. Insofar as the Liens created herein secure the obligations of other Persons, (i) each Each Grantor expressly waives any defenses to the enforcement of this Agreement Assignment or any Liens created or granted hereby or to the recovery by Secured Party against the Borrower or any guarantor or any other Person liable therefor of any deficiency after a judicial or nonjudicial foreclosure or sale, even though such a foreclosure or sale may impair the subrogation rights of such Grantor Grantors and may preclude such Grantor Grantors from obtaining reimbursement or contribution from any of the other Person and (ii) each Grantors. Each Grantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ SectionSection 580a, 580b, 580d or 726, or comparable provisions of the Laws of any other jurisdiction jurisdiction, and all other suretyship defenses it otherwise might or would have under California Law or other applicable Law. Each Grantor expressly waives any right to receive notice of any judicial or nonjudicial foreclosure or sale of any real property Property or interest therein subject to any such deeds of trust or mortgages or other instruments and such any Grantor’s 's failure to receive any such notice shall not impair or affect such Grantor’s obligations hereunder 's Obligations or the enforceability of this Agreement Assignment or any Liens created or granted hereby.

Appears in 1 contract

Samples: Trademark Collateral Assignment (Central Financial Acceptance Corp)

Liens on Real Property. In the event that all or any part of the Secured Obligations at any time are secured by any one or more deeds of trust or mortgages or other instruments creating or granting Liens on any interests in real propertyProperty, each Grantor authorizes Secured Party, upon the occurrence of and during the continuance of any Event of Default, at its sole option, without notice or demand and without affecting any Secured ObligationsObligations of any Grantor, the enforceability of this Agreement, or the validity or enforceability of any Liens of any Secured Party on any collateralCollateral, to foreclose any or all of such deeds of trust or mortgages or other instruments by judicial or nonjudicial sale. Insofar as the Liens created herein secure the obligations of other Persons, (i) each Each Grantor expressly waives any defenses to the enforcement of this Agreement or any Liens created or granted hereby or to the recovery by Secured Party against the Borrower or any guarantor or any other Person liable therefor of any deficiency after a judicial or nonjudicial foreclosure or sale, even though such a foreclosure or sale may impair the subrogation rights of such Grantor Grantors and may preclude such Grantor Grantors from obtaining reimbursement or contribution from any of the other Person and (ii) each Grantors. Each Grantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ SectionSection 580a, 580b, 580d or 726, or comparable provisions of the Laws of any other jurisdiction jurisdiction, and all other suretyship defenses it otherwise might or would have under California Law or other applicable Law. Each Grantor expressly waives any right to receive notice of any judicial or nonjudicial foreclosure or sale of any real property Property or interest therein subject to any such deeds of trust or mortgages or other instruments and such any Grantor’s 's failure to receive any such notice shall not impair or affect such Grantor’s obligations hereunder 's Obligations or the enforceability of this Agreement or any Liens created or granted hereby.

Appears in 1 contract

Samples: Security Agreement (Central Financial Acceptance Corp)

Liens on Real Property. In the event that all or any part of the Secured Obligations at any time are secured by any one or more deeds of trust or mortgages creating or granting Liens on any interests in real property, each Grantor authorizes Secured Party, upon the occurrence of and during the continuance of any Event of Default, at its sole option, without notice or demand and without affecting any Secured Obligations, the enforceability of this Agreement, or the validity or enforceability of any Liens of any Secured Party on any collateral, to foreclose any or all of such deeds of trust or mortgages by judicial or nonjudicial sale. Insofar as the Liens created herein secure the obligations of other Persons, (i) each Grantor expressly waives any defenses to the enforcement of this Agreement or any Liens created or granted hereby or to the recovery by Secured Party against the Borrower or any other Person liable therefor of any deficiency after a judicial or nonjudicial foreclosure or sale, even though such a foreclosure or sale may impair the subrogation rights of such Grantor and may preclude such Grantor from obtaining reimbursement or contribution from any other Person and (ii) each Grantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ 580a, 580b, 580d or 726, or comparable provisions of the Laws of any other jurisdiction and all other suretyship defenses it otherwise might or would have under California Law or other applicable Law. Each Grantor expressly waives any right to receive notice of any judicial or nonjudicial foreclosure or sale of any real property or interest therein subject to any such deeds of trust or mortgages and such Grantor’s failure to receive any such notice shall not impair or affect such Grantor’s obligations hereunder or the enforceability of this Agreement or any Liens created or granted hereby. Insofar as the Liens created herein secure the obligations of other Persons, (i) each Grantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ 580a, 580b, 580d or 726, or comparable provisions of the Laws of any other jurisdiction, including, without limitation, NRS Section 40.430 and judicial decisions relating thereto, NRS Sections 40.451, 40.455, 40.457 and 40.459, and all other suretyship defenses it otherwise might or would have under California Law or other applicable Law; and (ii) without limiting the foregoing, each Grantor waives all rights and defenses that it may have because Xxxxxxxx’s debt is secured by real property. This means, among other things: (1) Secured Party may collect from such Grantor without first foreclosing on any real or personal property collateral pledged by Borrower. (2) If Secured Party forecloses on any real property collateral pledged by Borrower: (A) The amount of the debt may be reduced only by the price for which that collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price. (B) Secured Party may collect from such Grantor even if Secured Party, by foreclosing on the real property collateral, has destroyed any right such Grantor may have to collect from Borrower. This is an unconditional and irrevocable waiver of any rights and defenses that any Grantor may have because the Borrower’s debt is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon California Code of Civil Procedure §§ 580a, 580b, 580d, or 726.

Appears in 1 contract

Samples: Security Agreement (Wd 40 Co)

Liens on Real Property. In the event that all or any part of the Secured Guarantied Obligations at any time are secured by any one or more deeds of trust or mortgages or other instruments creating or granting Liens on any interests in real propertyProperty, each Grantor Guarantor authorizes Secured Party, upon the occurrence of and during the continuance of any Event of DefaultDefault and subject to compliance with the requirements of any applicable Gaming Laws, at its sole option, without notice or demand and without affecting any Secured ObligationsGuarantied Obligations of any Guarantor, the enforceability of this AgreementGuaranty, or the validity or enforceability of any Liens of any Secured Party on any collateralCollateral, to foreclose any or all of such deeds of trust or mortgages or other instruments by judicial or nonjudicial sale. Insofar as To the Liens created herein secure the obligations of other Personsextent permitted by applicable Laws, (i) each Grantor Guarantor expressly waives any defenses right to the enforcement of this Agreement or any Liens created or granted hereby or to the recovery by Secured Party against the Borrower or any other Person liable therefor receive notice of any deficiency after a judicial or nonjudicial foreclosure or sale, even though sale of any real Property or interest therein subject to any such a foreclosure deeds of trust or sale may mortgages or other instruments and any Guarantor’s or any other Person’s failure to receive any such notice shall not impair or affect Guarantors’ Obligations or the subrogation enforceability of this Guaranty or any rights of such Grantor and may preclude such Grantor from obtaining reimbursement Secured Party created or contribution from any other Person and (ii) each Grantor granted hereby. Each Guarantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ 580a, 580b, 580d or 726, NRS Section 40.430 and judicial decisions relating thereto, and NRS Sections 40.451, 40.455, 40.457 and 40.459, or comparable provisions of the Laws of any other jurisdiction jurisdiction, and all other suretyship similar defenses it otherwise might or would have under California Law or other applicable Law. Each Grantor expressly Without limiting the foregoing, each Guarantor waives all rights and defenses that it may have because any right to receive notice of the Guarantied Obligations of any judicial other party are secured by real property. This means, among other things: (1) Secured Party may collect from such Guarantor without first foreclosing on any real or nonjudicial foreclosure or sale of personal property collateral pledged by any other party, (2) if Secured Party forecloses on any real property or interest therein subject collateral pledged by any other party: (A) the amount of the debt may be reduced only by the price for which that collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price, (B) Secured Party may collect from such Guarantor even if Secured Party, by foreclosing on the real property collateral, has destroyed any right such Guarantor may have to collect from such other party. This is an unconditional and irrevocable waiver of any rights and defenses any Guarantor may have because any such deeds of trust or mortgages and such Grantorother party’s failure to receive any such notice shall not impair or affect such Grantor’s obligations hereunder or the enforceability of this Agreement or any Liens created or granted herebydebt is secured by real property.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Entertainment Inc)

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Liens on Real Property. In the event that all or any part of the Secured Guarantied Obligations at any time are secured by any one or more deeds of trust or mortgages or other instruments creating or granting Liens on any interests in real property, each Grantor Guarantor authorizes the Secured PartyParties, upon the occurrence of and during the continuance of any Event of Default, at its their sole option, without notice or demand and without affecting any Secured ObligationsGuarantied Obligations of any Guarantor, the enforceability of this AgreementGuaranty, or the validity or enforceability of any Liens of any Secured Party on any collateralCollateral, to foreclose any or all of such deeds of trust or mortgages or other instruments by judicial or nonjudicial sale. Insofar as the Liens created herein secure the obligations of other Persons, (i) each Grantor Each Guarantor expressly waives any defenses to the enforcement of this Agreement Guaranty or any Liens rights of any Secured Party created or granted hereby or to the recovery by the Secured Party Parties against the Borrower Borrower, any Guarantor or any other Person liable therefor of any deficiency after a judicial or nonjudicial foreclosure or sale, even though such a foreclosure or sale may impair the subrogation rights of such Grantor and any Guarantor or may preclude such Grantor any Guarantor from obtaining reimbursement or contribution from any other Person and (ii) each Grantor Borrower. Each Guarantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ Sections 580a, 580b, 580d or 726, or comparable provisions of the Laws laws of any other jurisdiction jurisdiction, and all other suretyship defenses it otherwise might or would have under California Law law or other applicable Lawlaw. Each Grantor Guarantor expressly waives any right to receive notice of any judicial or nonjudicial foreclosure or sale of any real property or interest therein subject to any such deeds of trust or mortgages or other instruments and such Grantorany Guarantor’s or any other Person’s failure to receive any such notice shall not impair or affect such Grantor’s obligations hereunder Guarantors’ Obligations or the enforceability of this Agreement Guaranty or any Liens rights of any Secured Party created or granted hereby.

Appears in 1 contract

Samples: Credit Agreement (Masimo Corp)

Liens on Real Property. In the event that all or any part of the Secured Obligations at any time are secured by any one or more deeds of trust or mortgages creating or granting Liens on any interests in real property, each Grantor authorizes Secured Party, upon the occurrence of and during the continuance of any Event of Default, at its sole option, without notice or demand and without affecting any Secured Obligations, the enforceability of this Agreement, or the validity or enforceability of any Liens of any Secured Party on any collateral, to foreclose any or all of such deeds of trust or mortgages by judicial or nonjudicial sale. Insofar as the Liens created herein secure the obligations of other Persons, (i) each Grantor expressly waives any defenses to the enforcement of this Agreement or any Liens created or granted hereby or to the recovery by Secured Party against the Borrower Borrowers or any other Person liable therefor of any deficiency after a judicial or nonjudicial foreclosure or sale, even though such a foreclosure or sale may impair the subrogation rights of such Grantor and may preclude such Grantor from obtaining reimbursement or contribution from any other Person and (ii) each Grantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ Section Section 580a, 580b, 580d or 726, or comparable provisions of the Laws of any other jurisdiction and all other suretyship defenses it otherwise might or would have under California Law or other applicable Law. Each Grantor expressly waives any right to receive notice of any judicial or nonjudicial foreclosure or sale of any real property or interest therein subject to any such deeds of trust or mortgages and such Grantor’s 's failure to receive any such notice shall not impair or affect such Grantor’s 's obligations hereunder or the enforceability of this Agreement or any Liens created or granted hereby.

Appears in 1 contract

Samples: Security Agreement (Jakks Pacific Inc)

Liens on Real Property. In the event that all or any part of the Secured Guarantied Obligations at any time are secured by any one or more deeds of trust or mortgages or other instruments creating or granting Liens on any interests in real propertyProperty, each Grantor Guarantor authorizes Secured Party, upon the occurrence of and during the continuance of any Event of DefaultDefault and subject to compliance with the requirements of any applicable Gaming Laws, at its sole option, without notice or demand and without affecting any Secured ObligationsGuarantied Obligations of any Guarantor, the enforceability of this AgreementGuaranty, or the validity or enforceability of any Liens of any Secured Party on any collateralCollateral, to foreclose any or all of such deeds of trust or mortgages or other instruments by judicial or nonjudicial sale. Insofar as To the Liens created herein secure the obligations of other Personsextent permitted by applicable Laws, (i) each Grantor Guarantor expressly waives any defenses right to the enforcement of this Agreement or any Liens created or granted hereby or to the recovery by Secured Party against the Borrower or any other Person liable therefor receive notice of any deficiency after a judicial or nonjudicial foreclosure or sale, even though sale of any real Property or interest therein subject to any such a foreclosure deeds of trust or sale may mortgages or other instruments and any Guarantor’s or any other Person’s failure to receive any such notice shall not impair or affect Guarantors’ Obligations or the subrogation enforceability of this Guaranty or any rights of such Grantor and may preclude such Grantor from obtaining reimbursement Secured Party created or contribution from any other Person and (ii) each Grantor granted hereby. Each Guarantor expressly waives any defenses or benefits that may be derived from California Code of Civil Procedure §§ 580a, 580b, 580d or 726, NRS Section 40.430 and judicial decisions relating thereto, and NRS Sections 40.451, 40.455, 40.457 and 40.459, or comparable provisions of the Laws of any other jurisdiction jurisdiction, and all other suretyship similar defenses it otherwise might or would have under California Law or other applicable Law. Each Grantor expressly Without limiting the foregoing, each Guarantor waives all rights and defenses that it may have because any right to receive notice of the Guarantied Obligations of any judicial other Party are secured by real property. This means, among other things: (1) Secured Party may collect from such Guarantor without first foreclosing on any real or nonjudicial foreclosure or sale of personal property collateral pledged by any other Party, (2) If Secured Party forecloses on any real property or interest therein subject collateral pledged by any other Party: (A) The amount of the debt may be reduced only by the price for which that collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price, (B) Secured Party may collect from such Guarantor even if Secured Party, by foreclosing on the real property collateral, has destroyed any right such Guarantor may have to collect from such other Party. This is an unconditional and irrevocable waiver of any rights and defenses any Guarantor may have because any such deeds of trust or mortgages and such Grantorother Party’s failure to receive any such notice shall not impair or affect such Grantor’s obligations hereunder or the enforceability of this Agreement or any Liens created or granted herebydebt is secured by real property.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Entertainment Inc)

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