Common use of Marshaling, etc Clause in Contracts

Marshaling, etc. All rights to a marshaling of the assets of Mortgagor, including the Premises, or to a sale in inverse order of alienation in the event of foreclosure, and agrees not to assert any right under any law pertaining to the marshaling of assets, the sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or other matters whatsoever to defeat, reduce or affect the right of Mortgagee under the terms of the Loan Documents to a sale of the Premises for the collection of the Indebtedness without any prior or different resort for collection, or the right of Mortgagee to the payment of the Indebtedness out of the proceeds of sale of the Premises in preference to every other claimant whatsoever.

Appears in 2 contracts

Samples: Mortgage (Glimcher Realty Trust), Statement and Fixture Filing (Industrial Income Trust Inc.)

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Marshaling, etc. All rights to a marshaling of the assets of Mortgagor, including the Premises, or to a sale in inverse order of alienation in the event of foreclosure, and agrees not to assert any right under any law pertaining to the marshaling of assets, the sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or other matters whatsoever to defeat, reduce or affect the right of Mortgagee or any Lender under the terms of the Loan Documents to a sale of the Premises for the collection of the Indebtedness without any prior or different resort for collection, or the right of Mortgagee or any Lender to the payment of the Indebtedness out of the proceeds of sale of the Premises in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Security Agreement and Fixture (Prime Group Realty Trust)

Marshaling, etc. All rights to a marshaling of the assets of Mortgagor, including the Premises, or to a sale in inverse order of alienation in the event of foreclosure, and agrees not to assert any right under any law pertaining to the marshaling of assets, the sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or other matters whatsoever to defeat, reduce or affect the right of Mortgagee under the terms of the Loan Documents to a sale of the Premises for the collection of the Indebtedness Guaranteed Obligations without any prior or different resort for collection, or the right of Mortgagee to the payment of the Indebtedness Guaranteed Obligations out of the proceeds of sale of the Premises in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Industrial Income Trust Inc.)

Marshaling, etc. All rights to a marshaling of the assets of MortgagorGrantor, including the Premises, or to a sale in inverse order of alienation in the event of foreclosure, and agrees not to assert any right under any law pertaining to the marshaling of assets, the sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or other matters whatsoever to defeat, reduce or affect the right of Mortgagee Beneficiary under the terms of the Loan Documents to a sale of the Premises for the collection of the Indebtedness without any prior or different resort for collection, or the right of Mortgagee Beneficiary to the payment of the Indebtedness out of the proceeds of sale of the Premises in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Industrial Income Trust Inc.

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Marshaling, etc. All rights to a marshaling of the assets of Mortgagor, including the Leasehold Premises, or to a sale in inverse order of alienation in the event of foreclosure, and agrees not to assert any right under any law pertaining to the marshaling of assets, the sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or other matters whatsoever to defeat, reduce or affect the right of Mortgagee or any Lender under the terms of the Loan Documents to a sale of the Leasehold Premises for the collection of the Indebtedness without any prior or different resort for collection, or the right of Mortgagee or any Lender to the payment of the Indebtedness out of the proceeds of sale of the Leasehold Premises in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Prime Group Realty Trust

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