Common use of Marshalling of Assets Clause in Contracts

Marshalling of Assets. To the extent allowed by applicable law, --------------------- Trustor on its own behalf and on behalf of its successors and assigns hereby expressly waives all rights to require a marshalling of assets by Trustee or Beneficiary or to require Trustee or Beneficiary to first resort to the sale of any portion of the Mortgaged Property which might have been retained by Trustor before foreclosing upon and selling any other portion as may be conveyed by Trustor subject to this Deed of Trust.

Appears in 3 contracts

Samples: Residential Property Option Agreement (Inco Homes Corp), Deed of Trust (Inco Homes Corp), Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (Inco Homes Corp)

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Marshalling of Assets. To the extent allowed by applicable law, --------------------- Trustor on its own behalf and on behalf of its successors and assigns hereby expressly waives all rights right to require a marshalling of assets by Trustee or Beneficiary or Beneficiary; and Trustor waives the right to require Trustee or Beneficiary to resort first resort to the sale of any portion of the Mortgaged Property which might have been retained by Trustor before foreclosing upon and selling resorting to any other portion as of the Property which may be have been transferred or conveyed subject hereto, whether such resort to security is undertaken by Trustor subject to this Deed of Trustnon-judicial sale or through proceedings in judicial foreclosure.

Appears in 2 contracts

Samples: Deed of Trust, Deed of Trust (Omnivision Technologies Inc)

Marshalling of Assets. To the extent allowed by applicable law, --------------------- Trustor on its own behalf and on behalf of its successors and assigns hereby expressly waives all rights right to require a marshalling of assets by Trustee or Beneficiary or Beneficiary; and Trustor waives the right to require Trustee or Beneficiary to resort first resort to the sale of any portion of the Mortgaged Property which might have been retained by Trustor before foreclosing upon and selling resorting to any other portion as of the Mortgaged Property which may be have been transferred or conveyed subject hereto, whether such resort to security is undertaken by Trustor subject to this Deed of Trustnon-judicial sale or through proceedings in judicial foreclosure.

Appears in 1 contract

Samples: Deed of Trust (Netreit, Inc.)

Marshalling of Assets. To the extent allowed by applicable lawTrustor, --------------------- Trustor on its own behalf and on behalf of its successors and assigns assigns, hereby expressly waives all rights to require a marshalling of assets by Trustee or Beneficiary or to require Trustee or Beneficiary to first resort to the sale of any portion of the Mortgaged Property which might have been retained by Trustor before foreclosing upon and selling any other portion as may be conveyed by Trustor subject to this Deed of TrustBeneficiary.

Appears in 1 contract

Samples: Deed of Trust (OVERSTOCK.COM, Inc)

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Marshalling of Assets. To the extent allowed by applicable lawTrustor, --------------------- Trustor on its own behalf and on behalf of its successors and assigns assigns, hereby expressly waives all rights to require a marshalling of assets by Trustee or Beneficiary Beneficiary, or to require Trustee or Beneficiary Beneficiary, upon a foreclosure, to first resort to the sale of any portion of the Mortgaged Property Trust Estate which might have been retained by Trustor before foreclosing upon and selling any other portion as may be conveyed by Trustor subject to this Deed of Trust.

Appears in 1 contract

Samples: Leasehold Deed of Trust (Utah Medical Products Inc)

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