Common use of Matters Involving Real Property Clause in Contracts

Matters Involving Real Property. Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns Indebtedness to the extent secured directly or indirectly, in whole or in part, by any Mortgaged Property unless: (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration; or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of California, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable. If any such dispute is not submitted to arbitration, the dispute shall be referred to a referee in accordance with California Code of Civil Procedure Section 638 et seq., and this general reference agreement is intended to be specifically enforceable in accordance with such Section 638. A referee with the qualifications required herein for arbitrators shall be selected pursuant to the AAA’s selection procedures. Judgment upon the decision rendered by a referee shall be entered in the court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645.

Matters Involving Real Property. Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns Indebtedness to the extent indebtedness secured directly or indirectly, in whole or in part, by any Mortgaged Property real property unless: (iA) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration; or (iiB) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of California, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable. If any such dispute is not submitted to arbitration, the dispute shall be referred to a referee in accordance with California Code of Civil Procedure Section 638 et seq., and this general reference agreement is intended to be specifically enforceable in accordance with such Section 638. A referee with the qualifications required herein for arbitrators shall be selected pursuant to the AAA’s selection procedures. Judgment upon the decision rendered by a referee shall be entered in the court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645.

Matters Involving Real Property. Notwithstanding anything herein to the contrary, no dispute shall will be submitted to arbitration if the dispute concerns Indebtedness to the extent indebtedness secured directly or indirectly, in whole or in part, by any Mortgaged real Property unless: (iA) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration; or (iiB) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of California, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens liens, and security interests securing such indebtedness and obligations, shall will remain fully valid and enforceable. If any such dispute is not submitted to arbitration, the dispute shall will be referred to a referee in accordance with California Code of Civil Procedure Section 638 et seq., and this general reference agreement is intended the judicial referee will be empowered to be specifically enforceable hear and determine all issues in accordance with such Section 638reference, whether fact or law. A referee with the qualifications required herein for arbitrators shall will be selected pursuant to the AAA’s selection procedures. Judgment upon the decision rendered by a referee shall will be entered in the court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645.

Matters Involving Real Property. Notwithstanding anything herein to the contrary, no dispute shall will be submitted to arbitration if the dispute concerns Indebtedness to the extent indebtedness secured directly or indirectly, in whole or in part, by any Mortgaged real Property unless: (iA) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration; or (iiB) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of California, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall will remain fully valid and enforceable. If any such dispute is not submitted to arbitration, the dispute shall will be referred to a referee in accordance with California Code of Civil Procedure Section 638 et seq., and this general the judicial referee will be empowered to hears and determine all issues in such reference agreement is intended to be specifically enforceable in accordance with such Section 638whether fact or law. A referee with the qualifications required herein for arbitrators shall will be selected pursuant to the AAA’s selection procedures. Judgment upon the decision rendered by a referee shall will be entered in the court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645.

Matters Involving Real Property. Notwithstanding anything herein to the contrary, no dispute shall will be submitted to arbitration if the dispute concerns Indebtedness to the extent indebtedness secured directly or indirectly, in whole or in part, by any Mortgaged real Property unless: (iA) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration; or (iiB) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of California, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens liens, and security interests securing such indebtedness and obligations, shall will remain fully valid and enforceable. If any such dispute is not submitted to arbitration, the dispute shall will be referred adjudicated pursuant to a referee judicial reference as provided in accordance with California Code of Civil Procedure Section 638 et seq., and this general reference agreement is intended the judicial referee will be empowered to be specifically enforceable hear and determine all issues in accordance with such Section 638reference, whether fact or law. A referee with the qualifications required herein for arbitrators shall will be selected pursuant to the AAA’s selection procedures. Judgment upon the decision rendered by a referee shall will be entered in the court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645.