Common use of MAKER'S COVENANTS Clause in Contracts

MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section 1601, ET SEQ. (1982); (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.

Appears in 5 contracts

Samples: Deed of Trust Note (Inland Western Retail Real Estate Trust Inc), Deed of Trust Note (Inland Western Retail Real Estate Trust Inc), Deed of Trust Note (Inland Western Retail Real Estate Trust Inc)

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MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section 1601, ET SEQ. (1982); (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and or any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust Mortgage and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.

Appears in 3 contracts

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc), Mortgage Note (Inland Western Retail Real Estate Trust Inc), Mortgage Note (Inland Western Retail Real Estate Trust Inc)

MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C U.S.C. Section 1601, ET SEQ. (1982); (c) said obligation constitutes a business or commercial loan for the purpose of the application of any laws that distinguish between consumer loans and business or commercial loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Guaranty, the Deed of Trust and the Related Agreements except to the extent that jurisdiction must be in the courts of Maryland in order to properly enforce the terms and provisions of the Note, the Guaranty, the Deed of Trust, and such Related Agreements, and for all purposes Maker hereby consents to the jurisdiction of the courts of Maryland and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, courts that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.

Appears in 2 contracts

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc), Mortgage Note (Inland Western Retail Real Estate Trust Inc)

MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section 1601, ET SEQ. (1982); (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust Mortgage and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.

Appears in 2 contracts

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc), Mortgage Note (Inland Western Retail Real Estate Trust Inc)

MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section 1601, ET SEQET.SEQ. (1982); (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.

Appears in 1 contract

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc)

MAKER'S COVENANTS. Maker agrees that: that (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; ; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section § 1601, ET SEQet seq. (1982); ; (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; ; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust Mortgage and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courtsthe courts in (d) above, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; ; (e) it hereby waives any objections to venue; and and (f) to the extent permitted by applicable law, it hereby waives its right to a trial by jury.

Appears in 1 contract

Samples: Mortgage Note (RBC Life Sciences, Inc.)

MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section 1601, ET SEQ. (1982); (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust Mortgage and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.,

Appears in 1 contract

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc)

MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section 1601, ET SEQ. (1982); (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and or any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust Mortgage and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.,

Appears in 1 contract

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc)

MAKER'S COVENANTS. Maker agrees that: that (ai) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Subject Property is located; ; (bii) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C U.S.C. Section 1601, ET SEQet seq. (1982); ; (ciii) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Subject Property is located; ; (div) at the option of the Holder, the United States District Court for the district in which the Property is located Northern District of Illinois and any court of competent jurisdiction of the state or commonwealth in which the Property is located State of Illinois shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust Mortgage and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courtsthe courts in (iv) above, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; ; (ev) it hereby waives any objections to venuevenue of the courts in (iv) above; and and (fvi) it hereby waives its right to a trial by jury.

Appears in 1 contract

Samples: Mortgage Note (Kranzco Realty Trust)

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MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section §1601, ET SEQet seq. (1982); (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.

Appears in 1 contract

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc)

MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section § 1601, ET SEQet seq. (1982); (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States State District Court for the district in which the Property is located and or any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust Mortgage and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.

Appears in 1 contract

Samples: Mortgage Note (Inland American Real Estate Trust, Inc.)

MAKER'S COVENANTS. Maker agrees that: (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-Truth- in-Lending Act, 15 U.S.C Section 1601, ET SEQ. (1982); (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courts, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; (e) it hereby waives any objections to venue; and (f) it hereby waives its right to a trial by jury.

Appears in 1 contract

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc)

MAKER'S COVENANTS. Maker agrees that: that (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; ; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section _ 1601, ET SEQet seq. (1982); ; (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; ; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust Mortgage and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courtsthe courts described above, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; ; (e) it hereby waives any objections to venue; and and (f) it hereby waives its right to a trial by jury.

Appears in 1 contract

Samples: Mortgage Note (Oasis Residential Inc)

MAKER'S COVENANTS. Maker agrees that: that (a) this instrument and the rights and obligations of all parties hereunder shall be governed by and construed under the laws of the state or commonwealth in which the Property is located; ; (b) the obligation evidenced by this Note is an exempted transaction under the Truth-in-Lending Act, 15 U.S.C Section ss. 1601, ET SEQet seq. (1982); ; (c) said obligation constitutes a business loan for the purpose of the application of any laws that distinguish between consumer loans and business loans and that have as their purpose the protection of consumers in the state or commonwealth in which the Property is located; ; (d) at the option of the Holder, the United States District Court for the district in which the Property is located and any court of competent jurisdiction of the state or commonwealth in which the Property is located shall have jurisdiction in any action, suit or other proceeding arising out of or relating to any act taken or omitted hereunder or the enforcement of this Note, the Deed of Trust Mortgage and the Related Agreements and Maker shall not assert in any such action, suit or other proceeding that it is not personally subject to the jurisdiction of such courtsthe courts in (d) above, that the action, suit or other proceeding is brought in an inconvenient forum or that the venue of the action, suit or other proceeding is improper; ; (e) it hereby waives any objections to venue; and and (f) it hereby waives its right to a trial by jury.

Appears in 1 contract

Samples: Mortgage Note (Ag-Chem Equipment Co Inc)

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