Common use of Place of Payment; Forum; Waiver of Jury Trial Clause in Contracts

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor shall be payable at the place designated in the Note (or if no such designation is made, at the address of Mortgagee indicated at the end of this Mortgage). Mortgagor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state or federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which the Secured Indebtedness is payable over any suit, action or proceeding arising out of or relating to this Mortgage or the Secured Indebtedness. Mortgagor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor at its address stated at the end of this Mortgage, or at a subsequent address of Mortgagor of which Mortgagee received actual notice from Mortgagor in accordance with this Mortgage, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee to serve process in any manner permitted by law or limit the right of Mortgagee to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE OR ANY OTHER LOAN DOCUMENT.

Appears in 6 contracts

Samples: Security Agreement (Cellteck Inc.), Loan Agreement and Secured Promissory Note (Cellteck Inc.), Assignment, Security Agreement and Fixture Filing (Cellteck Inc.)

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Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness Obligations which may be owing hereunder at any time by Mortgagor Borrower or Grantor shall be payable at the place designated in the Note Credit Agreement (or if no such designation is made, at the address of Mortgagee Agent indicated at the end of this MortgageInstrument). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state court, or any United States federal court, sitting in the county in which the Secured Obligations are payable, and to the non-exclusive jurisdiction of any state court or any United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage Instrument or the Secured IndebtednessObligations. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at in the end first paragraph of this MortgageInstrument, or at a subsequent address of Mortgagor Grantor of which Mortgagee Agent received actual notice from Mortgagor Grantor in accordance with this Mortgagethe Credit Agreement, and service so made shall be complete completed five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Agent to serve process in any manner permitted by law or limit the right of Mortgagee Agent to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE INSTRUMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 3 contracts

Samples: Trust, Security Agreement (Carter Validus Mission Critical REIT, Inc.), Credit Agreement (Behringer Harvard Reit I Inc), Credit Agreement (Behringer Harvard Reit I Inc)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor Grantor shall be payable at the place designated in the Note (or if no such designation is made, at the address of Mortgagee Holder indicated at the end of this MortgageDeed of Trust). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any Wyoming or Utah state court, or any United States federal court court, sitting in the State of California or of any state or federal court sitting in the jurisdiction county in which the Secured Indebtedness is payable payable, and to the non-exclusive jurisdiction of any state or United States federal court sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Mortgage Deed of Trust or the Secured Indebtedness. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California Wyoming or Utah state court court, or any United States federal court court, sitting in the jurisdiction state in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at the end of this MortgageDeed of Trust, or at a subsequent address of Mortgagor Grantor of which Mortgagee Holder received actual notice from Mortgagor Grantor in accordance with this MortgageDeed of Trust, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Lender to serve process in any manner permitted by law or limit the right of Mortgagee Lender to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE DEED OF TRUST OR ANY OTHER LOAN DOCUMENT.

Appears in 2 contracts

Samples: Interline Resources Corp, Interline Resources Corp

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor Grantor shall be payable at the place designated in the Promissory Note (or if no such designation is made, at the address of Mortgagee Holder indicated at the end of this MortgageAmended and Restated Deed of Trust). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any Virginia state court, or any United States federal court court, sitting in the State of California city or of any state or federal court sitting in the jurisdiction county in which the Secured Indebtedness is payable payable, and to the non-exclusive jurisdiction of any state or United States federal court sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Mortgage Amended and Restated Deed of Trust or the Secured Indebtedness. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California Virginia state court court, or any United States federal court court, sitting in the jurisdiction state in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at the end in this Amended and Restated Deed of this MortgageTrust, or at a subsequent address of Mortgagor Grantor of which Mortgagee Holder received actual notice from Mortgagor Grantor in accordance with this MortgageAmended and Restated Deed of Trust, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee County to serve process in any manner permitted by law or limit the right of Mortgagee County to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE AMENDED AND RESTATED DEED OF TRUST OR ANY OTHER LOAN DOCUMENT.

Appears in 2 contracts

Samples: Fund Loan Agreement, Loan Agreement

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness Obligations which may be owing hereunder at any time by Mortgagor Borrower or Grantor shall be payable at the place designated in the Note Credit Agreement (or if no such designation is made, at the address of Mortgagee Agent indicated at the end of this MortgageInstrument). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state court, or any United States federal court, sitting in the county in which the Secured Obligations are payable, and to the non-exclusive jurisdiction of any state court or any United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage Instrument or the Secured IndebtednessObligations. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at in the end first paragraph of this MortgageInstrument, or at a subsequent address of Mortgagor Grantor of which Mortgagee Agent received actual notice from Mortgagor Grantor in accordance with this Mortgagethe Credit Agreement, and service so made shall be complete completed five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Agent to serve process in any manner permitted by law or limit the right of Mortgagee Agent to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE INSTRUMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Carter Validus Mission Critical REIT, Inc.), Security Agreement and Fixture Filing (Carter Validus Mission Critical REIT, Inc.)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness Obligations which may be owing hereunder at any time by Borrower or Mortgagor shall be payable at the place designated in the Note Credit Agreement (or if no such designation is made, at the address of Mortgagee Agent indicated at the end of this MortgageInstrument). Mortgagor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state court, or any United States federal court, sitting in the county in which the Secured Obligations are payable, and to the non-exclusive jurisdiction of any state court or any United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage Instrument or the Secured IndebtednessObligations. Mortgagor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor at its address stated at in the end first paragraph of this MortgageInstrument, or at a subsequent address of Mortgagor of which Mortgagee Agent received actual notice from Mortgagor in accordance with this Mortgagethe Credit Agreement, and service so made shall be complete completed five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Agent to serve process in any manner permitted by law or limit the right of Mortgagee Agent to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE INSTRUMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 2 contracts

Samples: Carter Validus Mission Critical REIT, Inc., Carter Validus Mission Critical REIT, Inc.

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor shall be payable at the place designated in the NL Note (or if no such designation is made, at the address of Mortgagee indicated at the end of this Mortgage). Mortgagor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state or federal court sitting in the State of California New Jersey or of any state or federal court sitting in the jurisdiction in which the Secured Indebtedness is payable over any suit, action or proceeding arising out of or relating to this Mortgage or the Secured Indebtedness. Mortgagor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California New Jersey state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor at its address stated at the end of this Mortgage, or at a subsequent address ad­dress of Mortgagor of which Mortgagee received actual notice from Mortgagor in accordance with this Mortgage, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee to serve process in any manner permitted by law or limit the right of Mortgagee to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE OR ANY OTHER NL LOAN DOCUMENT.

Appears in 2 contracts

Samples: Assignment, Security Agreement and Fixture Filing (Compx International Inc), Assignment, Security Agreement and Fixture Filing (Nl Industries Inc)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness Obligations which may be owing hereunder at any time by Borrower or Mortgagor shall be payable at the place designated in the Note Credit Agreement (or if no such designation is made, at the address of Mortgagee Agent indicated at the end of this MortgageInstrument). Mortgagor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state court, or any United States federal court, sitting in the county in which the Secured Obligations are payable, and to the non-exclusive jurisdiction of any state court or any United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage Instrument or the Secured IndebtednessObligations. Mortgagor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor at its address stated at in the end first paragraph of this MortgageInstrument, or at a subsequent address of Mortgagor of which Mortgagee Agent received actual notice from Mortgagor in accordance with this Mortgagethe Credit Agreement, and service so made shall be complete completed five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Agent to serve process in any manner permitted by law or limit the right of Mortgagee Agent to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE INSTRUMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Carter Validus Mission Critical REIT, Inc.), Security Agreement (Carter Validus Mission Critical REIT, Inc.)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness Obligations which may be owing hereunder at any time by Mortgagor Borrower or Grantor shall be payable at the place designated in the Note Credit Agreement (or if no such designation is made, at the address of Mortgagee Agent indicated at the end of this MortgageInstrument). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state court, or any United States federal court, sitting in the county in which the Secured Obligations are payable, and to the non-exclusive jurisdiction of any state court or any United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage Instrument or the Secured IndebtednessObligations. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at in the end first paragraph of this MortgageInstrument, or at a subsequent address of Mortgagor Grantor of which Mortgagee Agent received actual notice from Mortgagor Grantor in accordance with this Mortgagethe Credit Agreement, and service so made shall be complete completed five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Agent to serve process in any manner permitted by law or limit the right of Mortgagee Agent to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MORTGAGOR GRANTOR AND MORTGAGEE (AGENT, BY ITS ACCEPTANCE OF THIS MORTGAGEINSTRUMENT, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY MUTUALLY (A) WAIVES WAIVE THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY CIVIL ACTION, CLAIM, COUNTERCLAIM, CROSS-CLAIM, THIRD-PARTY CLAIM, DISPUTE, DEMAND, SUIT OR OTHER PROCEEDING ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS INSTRUMENT, THE NOTE, ANY OF THE OTHER LOAN DOCUMENTS, OR THE LOAN EVIDENCED OR SECURED THEREBY, OR ANY RENEWAL, EXTENSION OR MODIFICATION THEREOF, OR ANY CONDUCT OF ANY PARTY RELATING TO THIS MORTGAGE THERETO, AND (B) AGREE THAT ANY SUCH ACTION, CLAIM, SUIT OR PROCEEDING SHALL BE TRIED BEFORE A JUDGE AND NOT BEFORE A JURY. GRANTOR AGREES THAT IT WILL NOT ASSERT ANY CLAIM AGAINST AGENT OR ANY OTHER LOAN DOCUMENTPERSON INDEMNIFIED UNDER THIS INSTRUMENT ON ANY THEORY OF LIABILITY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Appears in 2 contracts

Samples: And Security Agreement (Carter Validus Mission Critical REIT, Inc.), Mortgage and Security Agreement (Carter Validus Mission Critical REIT, Inc.)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor Grantor shall be payable at the place designated in the Promissory Note (or if no such designation is made, at the address of Mortgagee Holder indicated at the end of this MortgageCounty Deed of Trust). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any Virginia state court, or any United States federal court court, sitting in the State of California city or of any state or federal court sitting in the jurisdiction county in which the Secured Indebtedness is payable payable, and to the non-exclusive jurisdiction of any state or United States federal court sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Mortgage County Deed of Trust or the Secured Indebtedness. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California Virginia state court court, or any United States federal court court, sitting in the jurisdiction state in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at the end in this County Deed of this MortgageTrust, or at a subsequent address of Mortgagor Grantor of which Mortgagee Xxxxxx received actual notice from Mortgagor Grantor in accordance with this MortgageCounty Deed of Trust, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee County to serve process in any manner permitted by law or limit the right of Mortgagee County to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE COUNTY DEED OF TRUST OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: And Security Agreement

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness Obligations which may be owing hereunder at any time by Mortgagor Borrower or Grantor shall be payable at the place designated in the Note Credit Agreement (or if no such designation is made, at the address of Mortgagee Agent indicated at the end of this MortgageInstrument). Mortgagor Grantor, Agent and the Lenders hereby irrevocably submits submit generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state court, or any United States federal court, sitting in the county in which the Secured Obligations are payable, and to the non-exclusive jurisdiction of any state court or any United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage Instrument or the Secured IndebtednessObligations. Mortgagor Grantor, Agent and the Lenders hereby irrevocably waiveswaive, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor, Agent and the Lenders hereby agrees agree and consents consent that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor, Agent or any of the Lenders, at its address their respective addresses stated at in the end first paragraph of this MortgageInstrument, or at a subsequent address of Mortgagor addresses of which Mortgagee the other parties have received actual notice from Mortgagor in accordance with this Mortgagethe Credit Agreement, and service so made shall be complete completed five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Agent or Grantor to serve process in any manner permitted by law or limit the right of Mortgagee Agent or Grantor to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR GRANTOR, AGENT AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES THE LENDERS WAIVE THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE INSTRUMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Secured Credit Agreement (Rouse Properties, Inc.)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor Mxxxxxxxx shall be payable at the place designated in the Note (or if no such designation is made, at the address of Mortgagee indicated at the end of this Mortgage). Mortgagor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state or federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which the Secured Indebtedness is payable over any suit, action or proceeding arising out of or relating to this Mortgage or the Secured Indebtedness. Mortgagor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Mxxxxxxxx at its address stated at the end of this Mortgage, or at a subsequent address of Mortgagor of which Mortgagee received actual notice from Mortgagor in accordance with this Mortgage, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee to serve process in any manner permitted by law or limit the right of Mortgagee to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR MXXXXXXXX AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Security Agreement (Cellteck Inc.)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor Grantor shall be payable at the place designated in the Note Promissory Notes (or if no such designation is made, at the address of Mortgagee Holder indicated at the end of this MortgageCounty Deed of Trust). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any Virginia state court, or any United States federal court court, sitting in the State of California city or of any state or federal court sitting in the jurisdiction county in which the Secured Indebtedness is payable payable, and to the non-exclusive jurisdiction of any state or United States federal court sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Mortgage County Deed of Trust or the Secured Indebtedness. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California Virginia state court court, or any United States federal court court, sitting in the jurisdiction state in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at the end in this County Deed of this MortgageTrust, or at a subsequent address of Mortgagor Grantor of which Mortgagee Xxxxxx received actual notice from Mortgagor Grantor in accordance with this MortgageCounty Deed of Trust, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee County to serve process in any manner permitted by law or limit the right of Mortgagee County to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE COUNTY DEED OF TRUST OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: After Recording

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness Obligations which may be owing hereunder at any time by Mortgagor Borrower or Grantor shall be payable at the place designated in the Note Credit Agreement (or if no such designation is made, at the address of Mortgagee Agent indicated at the end of this MortgageInstrument). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state court, or any United States federal court, sitting in the county in which the Secured Obligations are payable, and to the non-exclusive jurisdiction of any state court or any United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage Instrument or the Secured IndebtednessObligations. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at the end in Section 4.03(l) of this MortgageInstrument, or at a subsequent address of Mortgagor Grantor of which Mortgagee Agent received actual notice from Mortgagor Grantor in accordance with this Mortgagethe Credit Agreement, and service so made shall be complete completed five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Agent to serve process in any manner permitted by law or limit the right of Mortgagee Agent to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE INSTRUMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Reit I Inc)

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Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor Grantor shall be payable at the place designated in the Promissory Note (or if no such designation is made, at the address of Mortgagee Holder indicated at the end of this MortgageCounty Deed of Trust). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any Virginia state court, or any United States federal court court, sitting in the State of California city or of any state or federal court sitting in the jurisdiction county in which the Secured Indebtedness is payable payable, and to the non-exclusive jurisdiction of any state or United States federal court sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Mortgage County Deed of Trust or the Secured Indebtedness. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California Virginia state court court, or any United States federal court court, sitting in the jurisdiction state in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at the end in this County Deed of this MortgageTrust, or at a subsequent address of Mortgagor Grantor of which Mortgagee Holder received actual notice from Mortgagor Grantor in accordance with this MortgageCounty Deed of Trust, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee County to serve process in any manner permitted by law or limit the right of Mortgagee County to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE COUNTY DEED OF TRUST OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Loan Agreement

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor shall be payable at the place designated in the Note (or if no such designation is made, at the address of Mortgagee indicated at the end of this Mortgage). Mortgagor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state or federal court sitting in the State of California Illinois or of any state or federal court sitting in the jurisdiction in which the Secured Indebtedness is payable over any suit, action or proceeding arising out of or relating to this Mortgage or the Secured Indebtedness. Mortgagor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California Illinois state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor at its address stated at the end of this Mortgage, or at a subsequent address of Mortgagor of which Mortgagee received actual notice from Mortgagor in accordance with this Mortgage, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee to serve process in any manner permitted by law or limit the right of Mortgagee to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Assignment, Security Agreement and Fixture Filing (Cellteck Inc.)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor Grantor shall be payable at the place designated in the Note Promissory Notes (or if no such designation is made, at the address of Mortgagee Holder indicated at the end of this MortgageCounty Deed of Trust). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any Virginia state court, or any United States federal court court, sitting in the State of California city or of any state or federal court sitting in the jurisdiction county in which the Secured Indebtedness is payable payable, and to the non-exclusive jurisdiction of any state or United States federal court sitting in the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Mortgage County Deed of Trust or the Secured Indebtedness. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California Virginia state court court, or any United States federal court court, sitting in the jurisdiction state in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at the end in this County Deed of this MortgageTrust, or at a subsequent address of Mortgagor Grantor of which Mortgagee Holder received actual notice from Mortgagor Grantor in accordance with this MortgageCounty Deed of Trust, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee County to serve process in any manner permitted by law or limit the right of Mortgagee County to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE COUNTY DEED OF TRUST OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Loan Agreement

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor Xxxxxxxxx shall be payable at the place designated in the Note (or if no such designation is made, at the address of Mortgagee Holder indicated at the end of this Mortgage). Mortgagor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any South Carolina state court, or any United States federal court court, sitting in the State of California or of any state or federal court sitting in the jurisdiction county in which the Secured Indebtedness is payable payable, and to the non-exclusive jurisdiction of any state or United States federal court sitting in-the state in which any of the Property is located, over any suit, action or proceeding arising out of or relating to this Mortgage or the Secured Indebtedness. Mortgagor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California South Carolina state court court, or any United States federal court court, sitting in the jurisdiction state in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor at its address stated at the end of this Mortgage, or at a subsequent address of Mortgagor of which Mortgagee Xxxxxx received actual notice from Mortgagor in accordance with this Mortgage, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee to serve process in any manner permitted by law or limit the right of Mortgagee to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES XXXXXXXXX XXXXXX THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: FelCor Lodging Trust Inc

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor shall be payable at the place designated in the Note (or if no such designation is made, at the address of Mortgagee indicated at the end of this Mortgage). Mortgagor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state or federal court sitting in the State of California Illinois or of any state or federal court sitting in the jurisdiction in which the Secured Indebtedness is payable over any suit, action or proceeding arising out of or relating to this Mortgage or the Secured Indebtedness. Mortgagor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California Illinois state court or any United States federal court sitting in the jurisdiction in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor at its address stated at the end of this Mortgage, or at a subsequent address of Mortgagor of which Mortgagee received actual notice from Mortgagor in accordance with this Mortgage, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee to serve process in any manner permitted by law or limit the right of Mortgagee to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE OR ANY OTHER LOAN DOCUMENT. encumbrance against the Property, such proceeds have been advanced by Mortgagee at Mortgagor’s request, and Mortgagee shall be subrogated to any and all rights, security interests and liens owned by any owner or Mortgagee of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the Secured Indebtedness, but the terms and provisions of this Mortgage shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Mortgagee is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by Mortgagee, Mortgagor hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. To the extent permitted by law, if all or any portion of the proceeds of the loans evidenced by the Notes or of any other Secured Indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the Property, no vendor’s lien is waived; and Mortgagee shall have, and is hereby granted, a vendor’s lien on the Property as cumulative additional security for the Secured Indebtedness. To the extent permitted by law, Mortgagee may foreclose under this Mortgage or under the vendor’s lien without waiving the other or may foreclose under both.

Appears in 1 contract

Samples: Security Agreement (Cellteck Inc.)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness Obligations which may be owing hereunder at any time by Mortgagor Borrower or Grantor shall be payable at the place designated in the Note Credit Agreement (or if no such designation is made, at the address of Mortgagee Beneficiary indicated at the end of this MortgageInstrument). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive jurisdiction of any state court, or any United States federal court, sitting in the county in which the Secured Obligations are payable, and to the non-exclusive jurisdiction of any state court or any United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage Instrument or the Secured IndebtednessObligations. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court or any United States federal court sitting in may, to the jurisdiction in which the Secured Indebtedness is payable may extent permitted by applicable law, be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at in the end first paragraph of this MortgageInstrument, or at a subsequent address of Mortgagor Grantor of which Mortgagee Beneficiary received actual notice from Mortgagor Grantor in accordance with this Mortgagethe Credit Agreement, and service so made shall be complete completed five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Beneficiary to serve process in any manner permitted by law or limit the right of Mortgagee Beneficiary to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR GRANTOR KNOWINGLY, VOLUNTARILY AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) INTENTIONALLY WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE INSTRUMENT OR ANY OTHER LOAN DOCUMENT. GRANTOR ACKNOWLEDGES AND AGREES THAT IT HAS RECEIVED FULL AND SUFFICIENT CONSIDERATION FOR THIS WAIVER.

Appears in 1 contract

Samples: Financing Statement (Carter Validus Mission Critical REIT, Inc.)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor Grantor shall be payable at the place designated in the Note (or if no such designation is made, at the address of Mortgagee Holder indicated at the end of this MortgageDeed of Trust). Mortgagor Grantor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-–exclusive jurisdiction of any Texas state court, or any United States federal court, sitting in the county in which the Secured Indebtedness is payable, and to the non–exclusive jurisdiction of any state or United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage Deed of Trust or the Secured Indebtedness. Mortgagor Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor Grantor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor Grantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California Texas state court court, or any United States federal court court, sitting in the jurisdiction state in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor Grantor at its address stated at the end of this MortgageDeed of Trust, or at a subsequent address of Mortgagor Grantor of which Mortgagee Holder received actual notice from Mortgagor Grantor in accordance with this MortgageDeed of Trust, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Lender to serve process in any manner permitted by law or limit the right of Mortgagee Lender to bring proceedings against Mortgagor Grantor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) GRANTOR WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE DEED OF TRUST OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: And Security Agreement (American Medical Technologies Inc/De)

Place of Payment; Forum; Waiver of Jury Trial. All Secured Indebtedness which may be owing hereunder at any time by Mortgagor shall be payable at the place designated in the Note Loan Agreement (or if no such designation is made, at the address of Mortgagee Administrative Agent indicated at the end of this Mortgage). Mortgagor hereby irrevocably submits generally and unconditionally for itself and in respect of its property to the non-exclusive non‑exclusive jurisdiction of any state court, or any United States federal court, sitting in New York County, Rockland County or Westchester County, New York, and to the non‑exclusive jurisdiction of any state court or any United States federal court sitting in the State of California or of any state or federal court sitting in the jurisdiction in which any of the Secured Indebtedness Property is payable located, over any suit, action or proceeding arising out of or relating to this Mortgage or the Secured Indebtedness. Mortgagor hereby irrevocably waives, to the fullest extent permitted by law, any objection that Mortgagor may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Mortgagor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any California state court in which the Property is located, or any United States federal court court, sitting in the jurisdiction state in which the Secured Indebtedness is payable may be made by certified or registered mail, return receipt requested, directed to Mortgagor at its address stated at the end of this Mortgage, or at a subsequent address of Mortgagor of which Mortgagee Administrative Agent received actual notice from Mortgagor in accordance with this Mortgage, and service so made shall be complete five (5) days after the same shall have been so mailed. Nothing herein shall affect the right of Mortgagee Administrative Agent to serve process in any manner permitted by law or limit the right of Mortgagee Administrative Agent to bring proceedings against Mortgagor in any other court or jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR MORTGAGOR, ADMINISTRATIVE AGENT AND MORTGAGEE (BY ACCEPTANCE OF THIS MORTGAGE) WAIVES THE LENDER PARTIES EACH WAIVE THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS MORTGAGE OR ANY OTHER LOAN DOCUMENT.. MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FINANCING STATEMENT- Page 34 DAL 79534929v8

Appears in 1 contract

Samples: Blonder Tongue Laboratories Inc

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