Special State Provisions Sample Clauses

Special State Provisions. Guarantor hereby acknowledges and agrees that (1) this Guaranty is not secured by the Security Instrument or by any real property in the State of California, and (2) this Guaranty is not governed by or subject to the laws of the State of California, and the following waivers and other terms and conditions of this Guaranty are given by Guarantor out of an abundance of caution at the request of Lender (and that the same forms a material part of the consideration for Lender to make the Loan) in the event the Loan is ever characterized as being governed by the laws of the State of California or this Guaranty is subject to interpretation under the laws of the State of California (but that it is not Lender’s or Guarantor’s intention to so characterize the Loan). Subject to the foregoing: (a) Guarantor hereby expressly waives any and all benefits and defenses under California Civil Code (“CC”), Section 2787-2855, inclusive, and 2899, 2953 and 3433, including, without limitation, the right to require Lender to (i) proceed against Borrower or any Guarantor or other pledgor, (ii) proceed against or exhaust any security or collateral Lender may hold, or (iii) pursue any other right or remedy for the benefit of Guarantor. Guarantor hereby expressly waives any and all benefits and defenses under (A) California Code of Civil Procedure (“CCP”) Section 580a which would otherwise limit Guarantor’s liability after a non-judicial foreclosure sale to the difference between the obligations guaranteed herein and the value of the property or interest sold at such non-judicial foreclosure sale as determined by a fair value hearing or otherwise, (B) CCP Sections 580b and 580d, which would otherwise limit Lender’s, right to recover a deficiency judgment with respect to purchase money obligations and after a non-judicial foreclosure sale, respectively, and (C) CCP Section 726 which, among other things, would otherwise require Lender to exhaust all of its security before a personal judgment may be obtained or a deficiency judgment may be pursued and would limit Guarantor’s liability after a judicial foreclosure sale to the difference between the obligations guaranteed herein and the fair value of the property or interest sold at such judicial foreclosure sale. Notwithstanding any foreclosure of the lien of any deed of trust or security agreement with respect to any or all real or personal property secured thereby, whether by the exercise of the power of sale contained therein, by an ...

Special State Provisions. In the event of any inconsistencies between the other terms and conditions of this Agreement and this Section 6.16, the terms and conditions of this Section 6.16 shall control and be binding: (a) With respect to the foregoing provisions contained in this Guaranty, the following shall apply with respect to the State of California:

Special State Provisions. (a) MAKER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT THE LOAN EVIDENCED BY THIS NOTE IS FOR COMMERCIAL PURPOSES. MAKER FURTHER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT IT IS ENGAGED EXCLUSIVELY IN COMMERCIAL PURSUITS AND THAT THE PROCEEDS OF THIS NOTE ARE TO BE UTILIZED IN THE BUSINESS ACTIVITIES OF MAKER AND WILL NOT BE UTILIZED FOR CONSUMER PURPOSES. (b) IN CONNECTION WITH ANY ACTION OR PROCEEDING RELATING TO THIS NOTE, OR THE OTHER DOCUMENTS OR TRANSACTIONS EVIDENCED HEREBY OR THEREBY, MAKER WAIVES TRIAL BY JURY IN ANY SUCH ACTION OR PROCEEDING AND AGREES THAT NO SUCH ACTION WITH RESPECT TO WHICH A JURY TRIAL HAS BEEN WAIVED SHALL BE SOUGHT TO BE CONSOLIDATED WITH ANY OTHER ACTION WITH RESPECT TO WHICH A JURY TRIAL CANNOT OR HAS NOT BEEN WAIVED. This Note shall be governed and construed in accordance with the laws of the State of New York and the applicable laws of the United States of America.

Special State Provisions. In the event of any conflict between the other terms and provisions of this Security Deed and the terms and provisions of this Paragraph 54 the terms and provisions of this Paragraph 54 shall govern and control. (a) At the end of the clause commencing “TO HAVE AND TO HOLD” following the description of the “Property” before Paragraph 1 of this Security Deed, the following shall be added: “, in fee simple, subject to the Permitted Encumbrances (hereinafter defined)”. (b) At the end of the next clause, commencing “PROVIDED, HOWEVER”, before Paragraph 1 of this Security Deed, the phrase “these presents and the estate hereby granted shall cease, terminate and be void” shall be deleted, and the following shall be substituted in its stead: “and all obligations, of Borrower have been terminated, this Security Deed shall be cancelled by Lender in due form at Borrower’s cost; provided, however, that all provisions herein for indemnity of Lender shall survive discharge of the Debt and any foreclosure, release or termination of this Security Deed.” (c) In Paragraph 1(b) of this Security Deed, the phrase “(the “Permitted Encumbrances”)” shall be added in the first sentence immediately following the phrase “the title insurance policy insuring the lien of this Security Deed”. (d) Any reference to state, county or municipal taxes in this Security Deed shall include, without limitation, intangible taxes. (e) The provisions of Paragraph 25 of this Security Deed shall not require presentment, demand, protest, notice of protest, notice of acceleration or of intention to accelerate or any other notice or declaration of any kind, all of which are expressly waived by Xxxxxxxx. (f) In Paragraph 25(d) of this Security Deed, the phrase “including equity of redemption, all statutory redemption, homestead, dower, curtesy and all other exemptions of Borrower,” shall be added in the second sentence immediately following the phrase “of Borrower in and to the property and rights so sold”. (g) The following shall be added to this Security Deed as a new Paragraph 25(j): “Borrower shall as a matter of right be entitled to the appointment of a receiver or receivers for all or any part of the Property, whether such receivership be incident to a proposed sale (or sales) of such property or otherwise, and without regard to the value of the Property or the solvency of any person or persons liable for the payment of the Debt, and Borrower does hereby irrevocably consent to the appointment of such...

Special State Provisions. The provisions of this Article VI are an integral part of this Deed of Trust. In the event of any inconsistencies between the terms and conditions of this Article VI and the other provisions of this Deed of Trust, the terms and conditions of Article VI shall be controlling.

Special State Provisions. In the event of any inconsistency between the other terms of this Agreement and this Section 8.20, the terms of this Section 8.20 shall control. (a) In addition to any other right or remedy contained in this Agreement or in any other Loan Document, Lender shall have all of the rights against lessees of all or any part of the Property as are set forth in Section 291-f of the Real Property Law of New York. (b) Notwithstanding anything in this Agreement or in Section 254 of the Real Property Law of the State of New York to the contrary, the Net Proceeds coming into the possession of Lender shall not be deemed trust funds. (c) Borrower will receive the advances of the Loan and will hold the right to receive such advances as a trust fund to be applied first for the purpose of paying the "cost of improvement", as such quoted term is defined in the New York Lien Law, and will apply the same first to the payment of such costs before using any part of the total of the same for any other purpose and, in the event all or any part of the Property is located in the State of New York, will comply with Section 13 of the New York Lien Law. Borrower will indemnify and hold Lender harmless against any loss or liability, cost or expense, including, without limitation, any judgments, attorney's fees, costs of appeal bonds and printing costs, arising out of or relating to any proceeding instituted by any claimant alleging a violation by Borrower of the New York Lien Law including, without limitation, any section of Article 3-A thereof. (d) The Property is not real property principally improved or to be improved by one or more structures containing in the aggregate not more than six (6) residential dwelling units, each having their own separate cooking facilities.

Special State Provisions. In the event of any inconsistencies between the terms and conditions of any other Paragraph of this Deed of Trust with applicable law or with this Paragraph of this Deed of Trust, the terms and conditions of this Paragraph shall control and be binding. (a) In the event of any conflict between the terms and provisions of this paragraph and any other provision of this Deed of Trust, the terms and provisions of this paragraph shall govern and control. (b) Upon the occurrence and during the continuance of any Event of Default, in addition to any other rights or remedies provided in the Loan Documents, at law, in equity or otherwise, Beneficiary shall have the right to cause the Trust Property or any part thereof to be sold in order to accomplish the object of these trusts and upon demand by Beneficiary, Trustee, without demand on Trustor, shall sell the Trust Property or such part thereof as Trustee in its sole discretion may deem necessary to accomplish the objects of these trusts having first given notice of the time and place of such sale as required by law for the sale of real property under Sections 55-59.1 et seq. of the Virginia Code (1950). (c) Trustee may postpone such sale from time to time by giving advertisement of such postponed sale in the same manner in which any original sale was advertised, and on the date of such sale or the date to which such sale may have been postponed Trustee may sell the Trust Property to the highest bidder. Beneficiary or the holder or holders of said Note or their agents may bid and purchase at such sale. Trustee in conducting said sale may act either in person or through the agency of an auctioneer and may establish as one of the conditions of such sale that all bids and payments for said Trust Property be made in cash. (d) The following provisions of Section 55-60, Code of Virginia (1950), as amended, are hereby made applicable to this Deed of Trust:

Special State Provisions. The following special State provisions are hereby added to this Mortgage.

Special State Provisions. Guarantor expressly waives the benefit of Section 10-7-24 of the Official Code of Georgia Annotated.

Special State Provisions. (a) In the event of any conflict between the terms and provisions of this paragraph and any other provision of this Note, the terms and provisions of this paragraph shall govern and control. (b) Any action, suit or proceeding arising out of or relating to this Note or any of the other Loan Documents may be instituted in the Circuit Court of the city or county in which the Trust Property is located or in the United States District Court for the district in which the Trust Property is located (assuming such Court has jurisdiction), at the option of Lender, and Borrower waives all objections it may have to such venue and irrevocably submits to the jurisdiction of either of such Courts in any such action, suit or proceeding. Nothing herein shall affect the right of Lender to proceed in any other court having jurisdiction over any such action, suit or proceeding.