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, (I) MAKER WAIVES ANY RIGHT TO NOTICE AND HEARING UNDER CHAPTER 903(A) OF THE CONNECTICUT GENERAL STATUTES, AS NOW OR HEREAFTER AMENDED, OR ANY SUCCESSOR ACT THERETO, AND AUTHORIZES THE ATTORNEY OF PAYEE TO ISSUE A WRIT FOR THE PREJUDGMENT REMEDY WITHOUT COURT ORDER, AND (II) 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 Connecticut and the applicable laws of the United States of America.
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. 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. (a) In the event of any inconsistencies between the other paragraphs of this Mortgage and this Paragraph 54, the terms and conditions of this Paragraph 54 shall control and be binding.
(b) The term “Environmental Law” shall be deemed to include, without limitation, the following statutes: any laws of the State of Connecticut or ordinances of the Towns of Orange, Milford or Shelton pertaining to protection of the environment or to any Polluting Substance, including, but not limited to Connecticut General Statutes Title 22a.
(c) Mortgagor has represented to Lender that all of the Mortgaged Property is classified as “establishments” under Connecticut General Statutes Section 22a-134 et seq. (the “Transfer Act”), except the property located at 00 Xxxxx Xxxx Road in Orange (“00 Xxxxx Xxxx”).
(d) Mortgagor shall not cause or permit 00 Xxxxx Xxxx to become classified as an establishment under the Transfer Act without the prior written consent of Mortgagee.
(e) Mortgagor shall have filed or caused to be filed with the Connecticut Department of Environmental Protection (“DEP”) in connection with Mortgagor’s acquisition of the Mortgaged Property, except 00 Xxxxx Xxxx, proper and appropriate Form IIIs and ECAFs (each as defined in the Transfer Act) for each such property in accordance with the Transfer Act and in form acceptable to Mortgagee (provided that such approval by Mortgagee shall not imply, and Lender shall have no responsibility regarding, compliance with the Transfer Act).
(f) Mortgagor shall fully perform and comply with all obligations of Mortgagor, any affiliate of Mortgagor and the Certifying Party under and pursuant to each Form III and ECAF filed in connection with the transfer of each of the Mortgaged Properties to Mortgagor and shall fulfill all requirements of, and comply in all respects with, the Transfer Act with respect to such Forms, such transfer and the Mortgaged Properties.
(g) MORTGAGOR ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT THE LOAN EVIDENCED BY THE NOTE IS FOR COMMERCIAL PURPOSES. MORTGAGOR FURTHER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT IT IS ENGAGED EXCLUSIVELY IN COMMERCIAL PURSUITS AND THAT THE PROCEEDS OF THE NOTE ARE TO BE UTILIZED IN THE BUSINESS ACTIVITIES OF MORTGAGOR AND WILL NOT BE UTILIZED FOR CONSUMER PURPOSES.
(h) IN CONNECTION WITH ANY ACTION OR PROCEEDING RELATING TO THE NOTE, THIS MORTGAGE, OR THE OTHER DOCUMENTS OR TRANSACTIONS EVIDENCED HEREBY OR THEREBY, (i) MORTGAGOR WAIVES ANY RIGHT TO NOTICE AND HEARING UNDE...
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.
Special State Provisions. Guarantor expressly waives the benefit of Section 10-7-24 of the Official Code of Georgia Annotated.
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.
