Common use of Waiver of Foreclosure Defense Clause in Contracts

Waiver of Foreclosure Defense. Borrower hereby waives any defense Borrower might assert or have by reason of Lender’s failure to make any tenant or lessee of the Property a party defendant in any foreclosure proceeding or action instituted by Lender.

Appears in 8 contracts

Samples: Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.), Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT I, Inc.)

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Waiver of Foreclosure Defense. Borrower hereby waives any defense Borrower might assert or have by reason of Lender’s 's failure to make any tenant or lessee of the Property a party defendant in any foreclosure proceeding or action instituted by Lender.

Appears in 5 contracts

Samples: Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (FSP 50 South Tenth Street Corp), Mortgage and Security Agreement (Polymer Research Corp of America)

Waiver of Foreclosure Defense. Individual Borrower hereby waives any defense Individual Borrower might assert or have by reason of Lender’s failure to make any tenant or lessee of the Property a party defendant in any foreclosure proceeding or action instituted by Lender.

Appears in 2 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Griffin Capital Essential Asset REIT II, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement, and Fixture Filing (Griffin Capital Essential Asset REIT, Inc.)

Waiver of Foreclosure Defense. Borrower hereby waives waives, to the fullest extent permitted by law, any defense Borrower might assert or have by reason of Lender’s failure to make any tenant or lessee tenant of the Property a party defendant in any foreclosure proceeding or action instituted by Lender.

Appears in 2 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Tarragon Corp), Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Behringer Harvard Opportunity REIT I, Inc.)

Waiver of Foreclosure Defense. Borrower hereby waives waives, to the fullest extent permitted by law, any defense Borrower might assert or have by reason of Lender’s Agent's failure to make any tenant or lessee tenant of the Property a party defendant in any foreclosure proceeding or action instituted by LenderAgent.

Appears in 1 contract

Samples: Deed of Trust (Valcent Products Inc.)

Waiver of Foreclosure Defense. Borrower Borrowers hereby waives waive any defense Borrower Borrowers might assert or have by reason of Lender’s failure to make any tenant or lessee of the Property a party defendant in any foreclosure proceeding or action instituted by Lender.

Appears in 1 contract

Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)

Waiver of Foreclosure Defense. Borrower hereby waives any ----------------------------- defense Borrower might assert or have by reason of Lender’s Trustee/Collateral Agent's failure to make any tenant or lessee of the Property a party defendant in any foreclosure proceeding or action instituted by LenderTrustee/Collateral Agent.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (Globix Corp)

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Waiver of Foreclosure Defense. Borrower hereby waives waives, to the fullest extent permitted by law, any defense Borrower might assert or have by reason of LenderAgent’s failure to make any tenant or lessee tenant of the Property a party defendant in any foreclosure proceeding or action instituted by LenderAgent.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Valcent Products Inc.)

Waiver of Foreclosure Defense. Borrower hereby waives waives, to the fullest extent permitted by law, any defense Borrower might assert or have by reason of Lender’s 's failure to make any tenant or lessee tenant of the Property a party defendant in any foreclosure proceeding or action instituted by Lender.

Appears in 1 contract

Samples: Deed of Trust (Consolidated Capital Properties Iv)

Waiver of Foreclosure Defense. Borrower hereby waives any defense Borrower might assert or have by reason of Lender’s Xxxxxx's failure to make any tenant or lessee of the Property a party defendant in any foreclosure proceeding or action instituted by LenderXxxxxx.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Western Retail Real Estate Trust Inc)

Waiver of Foreclosure Defense. Borrower hereby by this Security Instrument waives any defense Borrower might assert or have by reason of Lender’s failure to make any tenant or lessee of the Property a party defendant in any foreclosure proceeding or action instituted by Lender.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement

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