Common use of Waiver of Appraisement and Other Laws Clause in Contracts

Waiver of Appraisement and Other Laws. To the full extent that it may lawfully so agree, Mortgagor will not at any time insist upon, plead, claim or take the benefit or advantage of, any appraisement, valuation, stay, extension or redemption law now or hereafter in force, in order to prevent or hinder the enforcement of this Mortgage or the absolute sale of the Trust Estate, or any part thereof, or the possession thereof by any purchaser at any sale under this Article Three; and Mortgagor, for itself and all who may claim under Mortgagor, so far as Mortgagor or they now or hereafter may lawfully do so, hereby waives the benefit of all such laws. Mortgagor, for itself and all who may claim under Mortgagor, waives, to the extent that Mortgagor may lawfully do so, all right to have the property in the Trust Estate marshaled upon any foreclosure hereof, and agrees that any court having jurisdiction to foreclose this Mortgage may order the sale of the Trust Estate as an entirety. If any law in this Section 3.8 referred to and now in force, of which Mortgagor or its successor or successors might take advantage despite this Section 3.8, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to constitute any part of the contract herein contained or to preclude the application of this Section 3.8.

Appears in 2 contracts

Samples: Indenture of Mortgage and Security Agreement (Trumps Castle Associates Lp), Mortgage and Security Agreement (Trumps Castle Associates Lp)

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Waiver of Appraisement and Other Laws. To the full extent that it may lawfully so agree, Mortgagor will not at any time insist upon, plead, claim or take the benefit or advantage of, any appraisement, valuation, stay, extension or redemption law now or hereafter in force, in order to prevent or hinder the enforcement of this TCHI Note Guarantee Mortgage or the absolute sale of the Trust Estate, or any part thereof, or the possession thereof by any purchaser at any sale under this Article Three; and Mortgagor, for itself and all who may claim under Mortgagor, so far as Mortgagor or they now or hereafter may lawfully do so, hereby waives the benefit of all such laws. Mortgagor, for itself and all who may claim under Mortgagor, waives, to the extent that Mortgagor may lawfully do so, all right to have the property in the Trust Estate marshaled upon any foreclosure hereof, and agrees that any court having jurisdiction to foreclose this TCHI Note Guarantee Mortgage may order the sale of the Trust Estate as an entirety. If any law in this Section 3.8 referred to and now in force, of which Mortgagor or its successor or successors might take advantage despite this Section 3.8, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to constitute any part of the contract herein contained or to preclude the application of this Section 3.8.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Trumps Castle Associates Lp)

Waiver of Appraisement and Other Laws. To the full extent that it may lawfully so agree, Mortgagor will not at any time insist upon, plead, claim or take the benefit or advantage of, any appraisement, valuation, stay, extension or redemption law now or hereafter in force, in order to prevent or hinder the enforcement of this Senior Guarantee Mortgage or the absolute sale of the Trust Estate, or any part thereof, or the possession thereof by any purchaser at any sale under this Article Three; and Mortgagor, for itself and all who may claim under Mortgagor, so far as Mortgagor or they now or hereafter may lawfully do so, hereby waives the benefit of all such laws. Mortgagor, for itself and all who may claim under Mortgagor, waives, to the extent that Mortgagor may lawfully do so, all right to have the property in the Trust Estate marshaled upon any foreclosure hereof, and agrees that any court having jurisdiction to foreclose this Senior Guarantee Mortgage may order the sale of the Trust Estate as an entirety. If any law in this Section 3.8 referred to and now in force, of which Mortgagor or its successor or successors might take advantage despite this Section 3.8, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to constitute any part of the contract herein contained or to preclude the application of this Section 3.8.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Trumps Castle Associates Lp)

Waiver of Appraisement and Other Laws. To the full extent that it may lawfully so agree, Mortgagor will not at any time insist upon, plead, claim or take the benefit or advantage of, any appraisement, valuation, stay, extension or redemption law now or hereafter in force, in order to prevent or hinder the enforcement of this Mortgage or the absolute sale of the Trust Estate, or any part thereof, or the possession thereof by any purchaser at any sale under this Article Three; and Mortgagor, for itself and all who may claim under Mortgagor, so far as Mortgagor or they now or hereafter may lawfully do so, hereby waives the benefit of all such laws. Mortgagor, for itself and all who may claim under Mortgagor, waives, to the extent that Mortgagor may lawfully do so, all right to have the property in the Trust Estate marshaled marshalled upon any foreclosure hereof, and agrees that any court having jurisdiction to foreclose this Mortgage may order the sale of the Trust Estate as an entirety. If any law in this Section 3.8 3.07 referred to and now in force, of which Mortgagor or its successor or successors might take advantage despite this Section 3.83.07, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to constitute any part of the contract herein contained or to preclude the application of this Section 3.83.07.

Appears in 1 contract

Samples: Indenture of Mortgage and Security Agreement (Trump Communications LLC)

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Waiver of Appraisement and Other Laws. To the full extent that it may lawfully so agree, Mortgagor will not at any time insist upon, plead, claim or take the benefit or advantage of, any appraisement, valuation, stay, extension or redemption law now or hereafter in force, in order to prevent or hinder the enforcement of this Mortgage or the absolute sale of the Trust Estate, or any part thereof, or the possession thereof by any purchaser at any sale under this Article Three; and Mortgagor, for itself and all who may claim under Mortgagor, so far as Mortgagor or they now or hereafter may lawfully do so, hereby waives the benefit of all such laws. Mortgagor, for itself and all who may claim under Mortgagor, waives, to the extent that Mortgagor may lawfully do so, all right to have the property in the Trust Estate marshaled marshalled upon any foreclosure hereof, and agrees that any court having jurisdiction to foreclose this Mortgage may order the sale of the Trust Estate as an entirety. If any law in this Section 3.8 3.7 referred to and now in force, of which Mortgagor or its successor or successors might take advantage despite this Section 3.83.7, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to constitute any part of the contract herein contained or to preclude the application of this Section 3.83.7.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Trump Communications LLC)

Waiver of Appraisement and Other Laws. To the full extent that it may lawfully so agree, Mortgagor the Company will not at any time insist upon, plead, claim or take the benefit or advantage of, any appraisement, valuation, stay, extension or redemption law now or hereafter in force, in order to prevent or hinder the enforcement of this Mortgage Indenture or the absolute sale of the Trust Estate, or any part thereof, or the possession thereof by any purchaser at any sale under this Article ThreeArticle; and Mortgagorthe Company, for itself and all who may claim under Mortgagorit, so far as Mortgagor it or they now or hereafter may lawfully do so, hereby waives the benefit of all such laws. MortgagorThe Company, for itself and all who may claim under Mortgagorit, waives, to the extent that Mortgagor it may lawfully do so, all right to have the property in the Trust Estate marshaled upon any foreclosure hereof, and agrees that any court having jurisdiction to foreclose this Mortgage Indenture may order the sale of the Trust Estate as an entirety. If any law in this Section 3.8 referred to and now in force, of which Mortgagor the Company or its successor or successors might take advantage despite this Section 3.8Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to constitute any part of the contract herein contained or to preclude the application of this Section 3.8Section.

Appears in 1 contract

Samples: Oglethorpe Power Corp

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