Common use of Makers’ Waivers Clause in Contracts

Makers’ Waivers. (a) Maker hereby waives diligence, demand, presentment for payment, notice of non-payment, protest and notice of protest, and specifically consent to and waive notice of any renewals or extensions of this Note, whether made to or in favor of Maker or any person or persons. Maker expressly waives all right to the benefit of any statute of limitations and any moratorium, reinstatement, marshalling, forbearance, extension, redemption, or appraisement now or hereafter provided by the Constitution or the laws of the United States or of any state thereof, as a defense to any demand against Maker or any such endorsers, to the fullest extent permitted by law. (b) Maker hereby waives any right to trial by jury with respect to any action or proceeding brought by Maker, Holder or any other person relating to (i) the indebtedness evidenced by this Note, or (ii) the Loan Documents. Maker hereby agrees that this Note constitutes a written consent to waiver of trial by jury pursuant to the provisions of California Code of Civil Procedure Section 631 and Maker does hereby constitute and appoint Holder its true and lawful attorney-in-fact, which appointment is coupled with an interest, and Maker does hereby authorize and empower Holder, in the name, place and stead of Maker, to file this Note with the clerk or judge of any court of competent jurisdiction as statutory written consent to waiver of trial by jury. In no event, however, shall Holder (nor any successor or assignee of Holder) execute any document, agreement or instrument which purports to create, or take any action with the specific intent to create, any personal liability of Maker to third parties pursuant to the foregoing. Any document, agreement or instrument executed by Xxxxxx with or for the benefit of a third party pursuant to this Paragraph shall be deemed to include the limitations on the personal liability of Maker set forth in Paragraph 32 of the Deed of Trust. (c) Maker hereby expressly waives any right it may have under California Civil Code 2954.10 to prepay this Note, in whole or in part, without prepayment charge, upon acceleration of the Maturity Date of this Note, and agrees that if for any reason, a prepayment of any or all of this Note is made, whether voluntarily or upon or following any acceleration of the Maturity Date of this Note by the Holder, then Maker shall pay, concurrently therewith, the Prepayment Premium if any, due pursuant to Paragraph 6 hereof. By initialling this provision in the space provided below, Maker hereby declares that Xxxxxx's agreement to make the Loan at the Interest Rate and for the term set forth in this Note constitutes adequate consideration, given individual weight by Maker, for this waiver and agreement.

Makers’ Waivers. (a) Maker hereby waives diligence, demand, presentment for payment, notice of non-payment, protest and notice of protest, and specifically consent to and waive notice of any renewals or extensions of this Note, whether made to or in favor of Maker or any person or persons. Maker expressly waives all right to the benefit of any statute of limitations and any moratorium, reinstatement, marshalling, forbearance, extension, redemption, or appraisement now or hereafter provided by the Constitution or the laws of the United States or of any state thereof, as a defense to any demand against Maker or any such endorsers, to the fullest extent permitted by law. (b) Maker hereby waives any right to trial by jury with respect to any action or proceeding brought by Maker, Holder or any other person relating to (i) the indebtedness evidenced by this Note, or (ii) the Loan Documents. Maker hereby agrees that this Note constitutes a written consent to waiver of trial by jury pursuant to the provisions of California Code of Civil Procedure Section 631 and Maker does hereby constitute and appoint Holder its true and lawful attorney-in-fact, which appointment is coupled with an interest, and Maker does hereby authorize and empower Holder, in the name, place and stead of Maker, to file this Note with the clerk or judge of any court of competent jurisdiction as statutory written consent to waiver of trial by jury. In no event, however, shall Holder (nor any successor or assignee of Holder) execute any document, agreement or instrument which purports to create, or take any action with the specific intent to create, any personal liability of Maker to third parties pursuant to the foregoing. Any document, agreement or instrument executed by Xxxxxx Holder with or for the benefit xxx xxnefit of a third party pursuant to this Paragraph shall be deemed to include the limitations on the personal liability of Maker set forth in Paragraph 32 of the Deed of Trust. (c) Maker hereby expressly waives any right it may have under California Civil Code 2954.10 to prepay this Note, in whole or in part, without prepayment charge, upon acceleration of the Maturity Date of this Note, and agrees that if for any reason, a prepayment of any or all of this Note is made, whether voluntarily or upon or following any acceleration of the Maturity Date of this Note by the Holder, then Maker shall pay, concurrently therewith, the Prepayment Premium if any, due pursuant to Paragraph 6 hereof. By initialling this provision in the space provided below, Maker hereby declares that XxxxxxHolder's agreement to make xx xxxe the Loan at the Interest Rate and for the term set forth in this Note constitutes adequate consideration, given individual weight by Maker, for this waiver and agreement.

Makers’ Waivers. (a) Maker hereby waives diligence, demand, presentment for payment, notice of non-payment, protest and notice of protest, and specifically consent to and waive notice of any renewals or extensions of this Note, whether made to or in favor of Maker or any person or persons. Maker expressly waives all right to the benefit of any statute of limitations and any moratorium, reinstatement, marshalling, forbearance, extension, redemption, or appraisement now or hereafter provided by the Constitution or the laws of the United States or of any state thereof, as a defense to any demand against Maker or any such endorsers, to the fullest extent permitted by law. (b) Maker hereby waives any right to trial by jury with respect to any action or proceeding brought by Maker, Holder or any other person relating to (i) the indebtedness evidenced by this Note, or (ii) the Loan Documents. Maker hereby agrees that this Note constitutes a written consent to waiver of trial by jury pursuant to the provisions of California Code code of Civil Procedure Section 631 and Maker does hereby constitute and appoint Holder its true and lawful attorney-in-fact, which appointment is coupled with an interest, and Maker does hereby authorize and empower Holder, in the name, place and stead of Maker, to file this Note with the clerk or judge of any court of competent jurisdiction as statutory written consent to waiver of trial by jury. In no event, however, shall Holder (nor any successor or assignee of Holder) execute any document, agreement or instrument which purports to create, or take any action with the specific intent to create, any personal liability of Maker to third parties pursuant to the foregoing. Any document, agreement or instrument executed by Xxxxxx Holder with or for the benefit xxx xxnefit of a third party pursuant to this Paragraph shall be deemed to include the limitations on the personal liability of Maker set forth in Paragraph 32 of the Deed of Trust. (c) Maker hereby expressly waives any right it may have under California Civil Code 2954.10 to prepay this Note, in whole or in part, without prepayment charge, upon acceleration of the Maturity Date of this Note, and agrees that if for any reason, a prepayment of any or all of this Note is made, whether voluntarily or upon or following any acceleration of the Maturity Date of this Note by the Holder, then Maker shall pay, concurrently therewith, the Prepayment Premium if any, due pursuant to Paragraph 6 hereof. By initialling this provision in the space provided below, Maker hereby declares that XxxxxxHolder's agreement to make xx xxxe the Loan at the Interest Rate and for the term set forth in this Note constitutes adequate consideration, given individual weight by Maker, for this waiver and agreement.

Makers’ Waivers. (a) Maker hereby waives diligence, demand, presentment for payment, notice of non-payment, protest and notice of protest, and specifically consent to and waive notice of any renewals or extensions of this Note, whether made to or in favor of Maker or any person or persons. Maker expressly waives all right to the benefit of any statute of limitations and any moratorium, reinstatement, marshalling, forbearance, extension, redemption, or appraisement now or hereafter provided by the Constitution or the laws of the United States or of any state thereof, as a defense to any demand against Maker or any such endorsers, to the fullest extent permitted by law. (b) Maker hereby waives any right to trial by jury with respect to any action or proceeding brought by Maker, Holder or any other person relating to (i) the indebtedness evidenced by this Note, or (ii) the Loan Documents. Maker hereby agrees that this Note constitutes a written consent to waiver of trial by jury pursuant to the provisions of California Code code of Civil Procedure Section 631 and Maker does hereby constitute and appoint Holder its true and lawful attorney-in-fact, which appointment is coupled with an interest, and Maker does hereby authorize and empower Holder, in the name, place and stead of Maker, to file this Note with the clerk or judge of any court of competent jurisdiction as statutory written consent to waiver of trial by jury. In no event, however, shall Holder (nor any successor or assignee of Holder) execute any document, agreement or instrument which purports to create, or take any action with the specific intent to create, any personal liability of Maker to third parties pursuant to the foregoing. Any document, agreement or instrument executed by Xxxxxx with or for the benefit of a third party pursuant to this Paragraph shall be deemed to include the limitations on the personal liability of Maker set forth in Paragraph 32 of the Deed of Trust. (c) Maker hereby expressly waives any right it may have under California Civil Code 2954.10 to prepay this Note, in whole or in part, without prepayment charge, upon acceleration of the Maturity Date of this Note, and agrees that if for any reason, a prepayment of any or all of this Note is made, whether voluntarily or upon or following any acceleration of the Maturity Date of this Note by the Holder, then Maker shall pay, concurrently therewith, the Prepayment Premium if any, due pursuant to Paragraph 6 hereof. By initialling this provision in the space provided below, Maker hereby declares that Xxxxxx's agreement to make the Loan at the Interest Rate and for the term set forth in this Note constitutes adequate consideration, given individual weight by Maker, for this waiver and agreement.