Common use of Waiver of Extension, Marshalling; Other Clause in Contracts

Waiver of Extension, Marshalling; Other. Mortgagor hereby waives to the full extent lawfully allowed the benefit of any appraisement, homestead, moratorium, stay and extension laws now or hereafter in force. Mortgagor hereby further waives any rights available with respect to marshalling of assets so as to require the separate sales of any portion of the Loan No. 18856 Mortgaged Premises, or as to require Mortgagee to exhaust its remedies against a specific portion of the Mortgaged Premises before proceeding against any other, and does hereby expressly consent to and authorize the sale of the Mortgaged Premises as a single unit or parcel. To the maximum extent permitted by law, the Mortgagor irrevocably and unconditionally WAIVES and RELEASES any present or future rights (a) of reinstatement or redemption, (b) that may exempt the Mortgaged Premises from any civil process, (c) to appraisal or valuation of the Mortgaged Premises, (d) to extension of time for payment, (e) that may subject Mortgagee’s exercise of its remedies to the administration of any decedent’s estate or to any partition or liquidation action, (f) to any homestead and exemption rights provided by the Constitution and laws of the United States and of New Mexico, (g) to notice of acceleration or notice of intent to accelerate (other than as expressly stated herein), and (h) that in any way would delay or defeat the right of the Mortgagee to cause the sale of the Mortgaged Premises for the purpose of satisfying the obligations secured hereby. The Mortgagor agrees that the price paid at a lawful foreclosure sale, whether by the Mortgagee or by a third party, and whether paid through cancellation of all or a portion of the Note or in cash, shall conclusively establish the value of the Mortgaged Premises.

Appears in 1 contract

Samples: Junior First Mortgage, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

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Waiver of Extension, Marshalling; Other. Mortgagor hereby waives to the full extent lawfully allowed the benefit of any appraisement, homestead, moratorium, stay and extension laws now or hereafter in force. Mortgagor hereby further waives any rights available with respect to marshalling of assets so as to require the separate sales of any portion of the Loan No. 18856 Mortgaged Premises, or as to require Mortgagee to exhaust its remedies against a specific portion of the Mortgaged Premises before proceeding against any other, and does hereby expressly consent to and authorize the sale of the Mortgaged Premises as a single unit or parcel. To the maximum extent permitted by law, the Mortgagor irrevocably and unconditionally WAIVES and RELEASES any present or future rights (a) of reinstatement or redemption, (b) that may exempt the Mortgaged Premises from any civil process, (c) to appraisal or valuation of the Mortgaged Premises, (d) to extension of time for payment, (e) that may subject Mortgagee’s exercise of its remedies to the administration of any decedent’s estate or to any partition or liquidation action, (f) to any homestead and exemption rights provided by the Constitution and laws of the United States and of New MexicoConnecticut, (g) to notice of acceleration or notice of intent to accelerate (other than as expressly stated herein), and (h) that in any way would delay or defeat the right of the Mortgagee to cause the sale of the Mortgaged Premises for the purpose of satisfying the obligations secured hereby. The Mortgagor Xxxxxxxxx agrees that the price paid at a lawful foreclosure sale, whether by the Mortgagee or by a third party, and whether paid through cancellation of all or a portion of the Note or in cash, shall conclusively establish the value of the Mortgaged Premises.

Appears in 1 contract

Samples: Open End First Mortgage Deed, Security Agreement and Fixture (GTJ REIT, Inc.)

Waiver of Extension, Marshalling; Other. Mortgagor Grantor hereby waives to the full extent lawfully allowed the benefit of any appraisement, homestead, moratorium, stay and extension laws now or hereafter in force. Mortgagor Grantor hereby further waives any rights available with respect to marshalling of assets so as to require the separate sales of any portion of the Loan No. 18856 Mortgaged Premises, or as to require Mortgagee the Beneficiary to exhaust its remedies against a specific portion of the Mortgaged Premises before proceeding against any other, and does hereby expressly consent to and authorize the sale of the Mortgaged Premises as a single unit or parcel. To the maximum extent permitted by law, the Mortgagor Grantor irrevocably and unconditionally WAIVES and RELEASES any present or future rights (a) of reinstatement or redemptionredemption (except as otherwise provided under NRS § 107.080), (b) that may exempt the Mortgaged Premises from any civil process, (c) to appraisal or valuation of the Mortgaged Premises, (d) to extension of time for paymentpayment (except as otherwise provided under NRS §40.459), (e) that may subject MortgageeBeneficiary’s exercise of its remedies to the administration of any decedent’s estate or to any partition or liquidation action, (f) to any homestead and exemption rights provided by the Constitution and laws of the United States and of New MexicoNevada, (g) to notice of acceleration or notice of intent to accelerate (other than as expressly stated herein), and (h) that in any way would delay or defeat the right of the Mortgagee Beneficiary to cause the sale of the Mortgaged Premises for the purpose of satisfying the obligations secured hereby. The Mortgagor To the maximum extent permitted by law, and specifically subject to the permission and limitations of NRS §40.459, the Grantor agrees that the price paid at a lawful foreclosure sale, whether by the Mortgagee Beneficiary or by a third party, and whether paid through cancellation of all or a portion of the Note or in cash, shall conclusively establish the value of the Mortgaged Premises.

Appears in 1 contract

Samples: Trust, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

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Waiver of Extension, Marshalling; Other. Mortgagor hereby waives to the full extent lawfully allowed the benefit of any appraisement, homestead, moratorium, stay and extension laws now or hereafter in force. Mortgagor hereby further waives any rights available with respect to marshalling of assets so as to require the separate sales of any portion of the Loan No. 18856 Mortgaged Premises, or as to require Mortgagee to exhaust its remedies against a specific portion of the Mortgaged Premises before proceeding against any other, and does hereby expressly consent to and authorize the sale of the Mortgaged Premises as a single unit or parcel. To the maximum extent permitted by law, the Mortgagor irrevocably and unconditionally WAIVES and RELEASES any present or future rights (a) of reinstatement or redemption, (b) that may exempt the Mortgaged Premises from any civil process, (c) to appraisal or valuation of the Mortgaged Premises, (d) to extension of time for payment, (e) that may subject Mortgagee’s exercise of its remedies to the administration of any decedent’s estate or to any partition or liquidation action, (f) to any homestead and exemption rights provided by the Constitution and laws of the United States and of New Mexico, (g) to notice of acceleration or notice of intent to accelerate (other than as expressly stated herein), and (h) that in any way would delay or defeat the right of the Mortgagee to cause the sale of the Mortgaged Premises for the purpose of satisfying the obligations secured hereby. The Mortgagor agrees that the price paid at a lawful foreclosure sale, whether by the Mortgagee or by a third party, and whether paid through cancellation of all or a portion of the Note or in cash, shall conclusively establish the value of the Mortgaged Premises.

Appears in 1 contract

Samples: First Mortgage, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

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