Common use of No Jury Trial Clause in Contracts

No Jury Trial. SELLER, BUYER, ORIGINAL GUARANTOR, GUARANTOR AND LENDER HEREBY SEVERALLY, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THE NOTE, MORTGAGE OR ANY OTHER LOAN DOCUMENT OR CONCERNING THE OBLIGATIONS UNDER THE LOAN DOCUMENTS AND/OR WITH REGARD TO THE PROPERTY OR PERTAINING TO ANY TRANSACTION RELATED TO OR CONTEMPLATED IN THE MORTGAGE, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL OR TORTUOUS OR OTHER CLAIM, SELLER AND BUYER ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO LENDER IN EXTENDING THE CREDIT DESCRIBED HEREIN, THAT LENDER WOULD NOT HAVE EXTENDED SUCH CREDIT WITHOUT THIS JURY TRIAL WAIVER, AND THE SELLER HAS BEEN REPRESENTED BY AN ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THE MORTGAGE AND UNDERSTANDS THE LEGAL EFFECT OF THIS JURY TRIAL WAIVER.

No Jury Trial. SELLEREACH PARTY HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT, BUYERTHE OTHER TRANSACTION DOCUMENTS, ORIGINAL GUARANTOR, GUARANTOR AND LENDER HEREBY SEVERALLY, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVE THE SECURITIES OR THE SUBJECT MATTER HEREOF OR THEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL RIGHTS TO TRIAL BY JURY DISPUTES THAT MAY BE FILED IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THE NOTE, MORTGAGE OR ANY OTHER LOAN DOCUMENT OR CONCERNING THE OBLIGATIONS UNDER THE LOAN DOCUMENTS AND/OR WITH REGARD COURT AND THAT RELATE TO THE PROPERTY OR PERTAINING SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY TRANSACTION RELATED EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, SUPPLEMENTS OR CONTEMPLATED MODIFICATIONS TO (OR ASSIGNMENTS OF) THIS AGREEMENT. IN THE MORTGAGEEVENT OF LITIGATION, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL OR TORTUOUS OR OTHER CLAIM, SELLER AND BUYER ACKNOWLEDGE THAT THIS WAIVER OF JURY AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL IS (WITHOUT A MATERIAL INDUCEMENT TO LENDER IN EXTENDING JURY) BY THE CREDIT DESCRIBED HEREIN, THAT LENDER WOULD NOT HAVE EXTENDED SUCH CREDIT WITHOUT THIS JURY TRIAL WAIVER, AND THE SELLER HAS BEEN REPRESENTED BY AN ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THE MORTGAGE AND UNDERSTANDS THE LEGAL EFFECT OF THIS JURY TRIAL WAIVERCOURT.

No Jury Trial. SELLER, BUYER, ORIGINAL GUARANTOR, GUARANTOR EACH OF THE BORROWER AND THE LENDER HEREBY SEVERALLY, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THIS AGREEMENT, THE NOTE, MORTGAGE NOTE OR ANY OTHER LOAN DOCUMENT OR CONCERNING THE OBLIGATIONS UNDER THE LOAN DOCUMENTS AND/OR WITH REGARD TO THE PROPERTY SECURITY THEREFOR OR PERTAINING TO ANY TRANSACTION RELATED TO OR CONTEMPLATED IN THE MORTGAGEANY LOAN DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL OR TORTUOUS TORTIOUS OR OTHER CLAIM, SELLER AND BUYER ACKNOWLEDGE . THE BORROWER ACKNOWLEDGES THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO THE LENDER IN EXTENDING THE CREDIT DESCRIBED HEREIN, THAT THE LENDER WOULD NOT HAVE EXTENDED SUCH CREDIT WITHOUT THIS JURY TRIAL WAIVER, AND THAT THE SELLER BORROWER HAS BEEN REPRESENTED BY AN ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THE MORTGAGE THIS AGREEMENT OR ANY RELATED AGREEMENT AND UNDERSTANDS THE LEGAL EFFECT OF THIS JURY TRIAL WAIVER.

No Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SELLER, BUYER, ORIGINAL GUARANTOR, BUYER, GUARANTOR AND LENDER HEREBY SEVERALLY, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THE NOTE, MORTGAGE OR ANY OF THE OTHER LOAN DOCUMENT OR ORIGINAL LOAN DOCUMENTS CONCERNING THE OBLIGATIONS UNDER THE LOAN DOCUMENTS THEREUNDER AND/OR WITH REGARD TO THE PROPERTY OR PERTAINING TO ANY TRANSACTION RELATED TO OR CONTEMPLATED IN THE MORTGAGE, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL OR TORTUOUS TORTIOUS OR OTHER CLAIMCLAIM.SELLER, SELLER ORIGINAL GUARANTOR, BUYER AND BUYER GUARANTOR ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO LENDER IN EXTENDING THE CREDIT DESCRIBED HEREIN, THAT LENDER WOULD NOT HAVE EXTENDED SUCH CREDIT WITHOUT THIS JURY TRIAL WAIVER, AND THE SELLER HAS SELLER, ORIGINAL GUARANTOR, BUYER AND GUARANTOR HAVE BEEN REPRESENTED BY AN ATTORNEY OR HAS HAVE BEEN REPRESENTED BY AN ATTORNEY OR HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THE MORTGAGE AND EACH UNDERSTANDS THE LEGAL EFFECT OF THIS JURY TRIAL WAIVER.

No Jury Trial. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SELLER, BUYER, ORIGINAL GUARANTOR, GUARANTOR AND LENDER XXXXXX HEREBY SEVERALLY, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THE NOTE, MORTGAGE SECURITY INSTRUMENT OR ANY OTHER LOAN DOCUMENT OR CONCERNING THE OBLIGATIONS UNDER THE LOAN DOCUMENTS AND/OR WITH REGARD TO THE PROPERTY OR PERTAINING TO ANY TRANSACTION RELATED TO OR CONTEMPLATED IN THE MORTGAGESECURITY INSTRUMENT, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL OR TORTUOUS TORTIOUS OR OTHER CLAIM, SELLER AND BUYER ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO LENDER IN EXTENDING THE CREDIT DESCRIBED HEREIN, THAT LENDER XXXXXX WOULD NOT HAVE EXTENDED SUCH CREDIT WITHOUT THIS JURY TRIAL WAIVER, AND THE SELLER HAS BEEN REPRESENTED BY AN ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THE MORTGAGE SECURITY INSTRUMENT AND UNDERSTANDS THE LEGAL EFFECT OF THIS JURY TRIAL WAIVER.

No Jury Trial. SELLER, BUYER, ORIGINAL GUARANTOR, GUARANTOR BORROWER AND LENDER HEREBY SEVERALLY, VOLUNTARILY, ------------- KNOWINGLY AND INTELLIGENTLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER OUT OF THE NEGOTIATION, DOCUMENTATION, ENFORCEMENT OR TERMS OF THIS AGREEMENT, THE NOTE, MORTGAGE MORTGAGES OR ANY OTHER LOAN DOCUMENT OR CONCERNING THE OBLIGATIONS UNDER THIS AGREEMENT OR THE LOAN DOCUMENTS AND/OR WITH REGARD TO THE PROPERTY OR PERTAINING TO ANY TRANSACTION RELATED TO OR CONTEMPLATED IN THE MORTGAGEMORTGAGES, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL OR TORTUOUS TORTIOUS OR OTHER CLAIM, SELLER AND BUYER ACKNOWLEDGE . BORROWER ACKNOWLEDGES THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO LENDER IN EXTENDING LENDER'S CONSENT TO THE CREDIT DESCRIBED HEREIN, TRANSFER AND THE LEASING AND THAT LENDER WOULD NOT HAVE EXTENDED SUCH CREDIT CONSENTED TO THE TRANSFER AND THE LEASING WITHOUT THIS JURY TRIAL WAIVER, . BORROWER REPRESENTS AND THE SELLER WARRANTS THAT IT HAS BEEN REPRESENTED BY AN ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THE MORTGAGE THIS AGREEMENT AND UNDERSTANDS UNDERSTAND THE LEGAL EFFECT OF THIS JURY TRIAL WAIVER.

No Jury Trial. SELLERORIGINAL BORROWER, BUYER, ORIGINAL GUARANTOR, GUARANTOR NEW BORROWER AND LENDER HEREBY SEVERALLY, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL Capital Markets Servicing Group ACTION OR PROCEEDING ARISING UNDER THE NOTE, THE MORTGAGE OR ANY OTHER LOAN DOCUMENT OR CONCERNING THE OBLIGATIONS UNDER THE LOAN DOCUMENTS AND/OR WITH REGARD TO THE PROPERTY OR PERTAINING TO ANY TRANSACTION RELATED TO OR CONTEMPLATED IN THE MORTGAGE, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL OR TORTUOUS TORTIOUS OR OTHER CLAIM, SELLER . ORIGINAL BORROWER AND BUYER NEW BORROWER ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO LENDER IN EXTENDING PERMITTING THE CREDIT LOAN ASSUMPTION DESCRIBED HEREIN, HEREIN AND THAT LENDER WOULD NOT HAVE EXTENDED SUCH CONSENTED TO THE LOAN ASSUMPTION BY NEW BORROWER AND THE EXTENSION OF CREDIT TO NEW BORROWER WITHOUT THIS JURY TRIAL WAIVER, . ORIGINAL BORROWER AND THE SELLER HAS NEW BORROWER HAVE EACH BEEN REPRESENTED BY AN ATTORNEY OR HAS HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THE MORTGAGE LOAN AND UNDERSTANDS THE LOAN ASSUMPTION AND UNDERSTAND THE LEGAL EFFECT OF THIS JURY TRIAL WAIVER.