Common use of Trustor's Waiver of Rights Clause in Contracts

Trustor's Waiver of Rights. All sums payable by TRUSTOR hereunder shall be paid without notice, demand, counterclaim, setoff, deduction or defense, and the obligations and liabilities of TRUSTOR hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: (i) any damage to or destruction of or any condemnation or similar taking of the Property or any part thereof; (ii) any restriction or prevention of or interference with any use of the Property or any part thereof; (iii) any title defect or encumbrance or any eviction from the Property or any part thereof by title, paramount or otherwise; (iv) any claim TRUSTOR has or might have against BENEFICIARY; (v) any default or failure on the part of BENEFICIARY to perform or comply with any of the terms hereof or of any other agreement with TRUSTOR; or (vii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not TRUSTOR shall have notice or knowledge of any of the foregoing. To the fullest extent that TRUSTOR may do so, TRUSTOR agrees that TRUSTOR will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemption, valuation, appraisement, stay of execution or extension, and TRUSTOR, for TRUSTOR, TRUSTOR'S heirs, devisees, representatives, successors and assigns, and for any and all persons ever claiming any interest in the Property, to the extent permitted by law, hereby waives and releases all rights of redemption, valuation, appraisement, stay of execution, extension, notice of election to mature or declare due the whole of the secured indebtedness and marshaling in the event of foreclosure of the liens hereby created.

Appears in 1 contract

Samples: Trust Deed, Security Agreement, Assignment of Rents and Fixture Filing (Knightsbridge Fine Wines Inc)

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Trustor's Waiver of Rights. All sums payable To the fullest extent permitted by TRUSTOR hereunder shall law, Trustor waives the benefit of all laws now existing or that may subsequently be paid without notice, demand, counterclaim, setoff, deduction or defense, and the obligations and liabilities of TRUSTOR hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: enacted providing for (i) any damage to or destruction appraisement before sale of or any condemnation or similar taking portion of the Property or any part thereof; Mortgaged Property, (ii) any restriction or prevention of or interference with any use extension of the Property time for the enforcement of the collection of the Indebtedness or the creation or extension of a period of redemption from any part thereof; sale made in collecting such Indebtedness and (iii) any title defect or encumbrance or any eviction from the Property or any part thereof by title, paramount or otherwise; (iv) any claim TRUSTOR has or might have against BENEFICIARY; (v) any default or failure on the part of BENEFICIARY to perform or comply with any exemption of the terms hereof Mortgaged Property from attachment, levy or of any other agreement with TRUSTOR; sale under execution or (vii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not TRUSTOR shall have notice or knowledge of any of the foregoingexemption from civil process. To the fullest full extent that TRUSTOR Trustor may do so, TRUSTOR Trustor agrees that TRUSTOR Trustor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemptionappraisement, valuation, appraisementstay, stay exemption, extension or redemption, or requiring foreclosure of execution or extension, this Mortgage before exercising any other remedy granted hereunder and TRUSTORTrustor, for TRUSTOR, TRUSTOR'S heirs, devisees, representatives, Trustor and its successors and assigns, and for any and all persons ever claiming any interest in the Mortgaged Property, to the extent permitted by law, hereby waives and releases all rights of redemption, valuation, appraisement, stay of execution, extension, notice of election to mature or declare due the whole of the secured indebtedness and marshaling marshalling in the event of foreclosure of the liens hereby created.

Appears in 1 contract

Samples: Deed of Trust (Osullivan Industries Virginia Inc)

Trustor's Waiver of Rights. All sums payable To the full extent permitted by TRUSTOR hereunder shall be paid without noticeLaw, demand, counterclaim, setoff, deduction or defense, and the obligations and liabilities of TRUSTOR hereunder shall in no way be released, discharged or otherwise affected (except as otherwise specifically and expressly provided herein) by reason of: in this Deed of Trust, the Loan Agreement or any Loan Documents, Trustor waives (i) the benefit of all Laws now existing or that hereafter may be enacted providing for any damage to or destruction appraisement before sale of or any condemnation or similar taking portion of the Trust Property or any part thereof; and (ii) the benefit of all Laws that may be hereafter enacted in any restriction or prevention of or interference with any use way extending the time for the enforcement of the Property or any part thereof; (iii) any title defect or encumbrance or any eviction from the Property or any part thereof by title, paramount or otherwise; (iv) any claim TRUSTOR has or might have against BENEFICIARY; (v) any default or failure on the part of BENEFICIARY to perform or comply with any collection of the terms hereof Obligations, or creating or extending a period of redemption from any other agreement with TRUSTOR; or (vii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not TRUSTOR shall have notice or knowledge of any of the foregoingsale made in collecting said Obligations. To the fullest full extent that TRUSTOR Trustor may do so, TRUSTOR Trustor agrees that TRUSTOR Trustor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemptionappraisement, valuation, appraisementstay, stay of execution extension or extensionredemption, or any so-called "Moratorium Laws" and TRUSTORTrustor, for TRUSTOR, TRUSTOR'S heirs, devisees, representatives, Trustor and its successors and assigns, and for any and all persons ever claiming any interest in the Trust Property, to the extent permitted by law, hereby waives and releases all rights of redemption, valuation, appraisement, stay of execution, extension, notice of election to mature or declare due the whole of the secured indebtedness and marshaling in the event of foreclosure of the liens hereby created. If any Law referred to in this paragraph and now in force, of which Trustor, Trustor's successors and assigns or any other person might take advantage despite this paragraph, is hereafter repealed or ceases to be in force, such Law will not thereafter be deemed to preclude the application of this paragraph.

Appears in 1 contract

Samples: Deed of Trust (Pacific Ethanol, Inc.)

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Trustor's Waiver of Rights. All sums payable by TRUSTOR hereunder shall Each Trustor waives the benefit of all laws now existing or that hereafter may be paid without notice, demand, counterclaim, setoff, deduction or defense, and the obligations and liabilities of TRUSTOR hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: enacted providing for (i) any damage to or destruction appraisement before sale of or any condemnation or similar taking portion of the Property or any part thereof; Trust Estate, and (ii) the benefit of all laws that may be hereafter enacted in any restriction or prevention of or interference with any use way extending the time for the enforcement of the Property Secured Obligations or creating or extending a period of redemption from any part thereof; (iii) any title defect or encumbrance or any eviction from the Property or any part thereof by title, paramount or otherwise; (iv) any claim TRUSTOR has or might have against BENEFICIARY; (v) any default or failure on the part of BENEFICIARY to perform or comply with any of the terms hereof or of any other agreement with TRUSTOR; or (vii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not TRUSTOR shall have notice or knowledge of any of the foregoingsale made in collecting said debt. To the fullest full extent that TRUSTOR such Trustor may do so, TRUSTOR each Trustor agrees that TRUSTOR will such Trustor shall not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any redemptionappraisement, valuation, appraisementstay, stay of execution extension or extensionredemption, and TRUSTOReach Trustor, for TRUSTORsuch Trustor, TRUSTOR'S such Trustor’s heirs, devisees, representatives, successors and assigns, and for any and all persons Persons ever claiming any interest in the PropertyTrust Estate, to the extent permitted by law, hereby waives xxxxxx xxxxxx and releases all rights of redemption, valuation, appraisement, stay of execution, extension, notice of election to mature or declare due the whole of the secured indebtedness and marshaling in the event of foreclosure of the liens Liens hereby created. If any law referred to in this Section 12.16 and now in force, of which any Trustor, any Trustor’s heirs, devisees, representatives, successors and assigns or other Person might take advantage despite this Section 12.16, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section 12.17. To the extent permitted by Applicable Laws, each Trustor expressly waives and relinquishes any and all rights and remedies which such Trustor may have or be able to assert by reason of the laws of the State of Nevada pertaining to the rights and remedies of sureties.

Appears in 1 contract

Samples: Leasehold and Fee Deed of Trust, Security Agreement and Fixture Filing With Assignment of Rents (Oasis Interval Ownership, LLC)

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