WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: (1) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT; (2) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATED, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 4 contracts
Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS SECURITY DEED TO SECURE DEBTAND BY INITIALING THIS PARAGRAPH 4.4, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS NOTE AND ANY OTHER OBLIGATIONS INDEBTEDNESS SECURED BY THIS SECURITY DEED AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY DEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS SECURITY DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS SECURITY DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS SECURITY DEED TO SECURE DEBTAND INITIALING THIS PARAGRAPH 4.4; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS SECURITY DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.. INITIALED BY GRANTOR:
Appears in 4 contracts
Samples: Record And (Merry Land Properties Inc), Record And (Merry Land Properties Inc), Record And (Merry Land Capital Trust)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTOF TRUST, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES BENEFICIARY TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT LOAN AGREEMENT AND OR OTHER CREDIT LOAN DOCUMENTS AND ANY OTHER OBLIGATIONS AND UPON THE POWER OCCURRENCE OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS AN EVENT OF THIS DEED TO SECURE DEBTDEFAULT; (2B) TO THE EXTENT ALLOWED BY APPLICABLE LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATIONSTATES, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH VARIOUS PROVISIONS OF THE MORTGAGED PROPERTY IS LOCATEDCONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES BENEFICIARY OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBENEFICIARY; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT TRUST AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH LEGAL COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTOF TRUST; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 3 contracts
Samples: Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTOF TRUST, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES BENEFICIARY, INDENTURE TRUSTEE AND/OR HOLDERS TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND INDENTURE OR OTHER CREDIT INDEBTEDNESS DOCUMENTS AND ANY OTHER OBLIGATIONS AND UPON THE POWER OCCURRENCE OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS AN EVENT OF THIS DEED TO SECURE DEBTDEFAULT; (2B) TO THE EXTENT ALLOWED BY APPLICABLE LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATIONSTATES, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH VARIOUS PROVISIONS OF THE MORTGAGED PROPERTY IS LOCATEDCONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES BENEFICIARY OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBENEFICIARY; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT TRUST AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH LEGAL COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTOF TRUST; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 3 contracts
Samples: Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND AGENT, THE OTHER SECURED PARTIES LENDERS AND/OR THE HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE AGENT TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 3 contracts
Samples: And Security Agreement (Carter Validus Mission Critical REIT, Inc.), Mortgage and Security Agreement (Carter Validus Mission Critical REIT, Inc.), Carter Validus Mission Critical REIT, Inc.
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: (1) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS DEBT AND THE POWER OF ATTORNEY GIVEN HEREIN IN THIS DEED TO SECURE DEBT TO GRANTEE TO SELL THE MORTGAGED PROPERTY PREMISES BY NONJUDICIAL NON-JUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTDEBT OR OTHER LOAN DOCUMENTS; (2) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE FIFTH AND FOURTEENTH AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATIONSTATES, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH VARIOUS PROVISIONS OF THE MORTGAGED PROPERTY IS LOCATEDCONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSOTHER LOAN DOCUMENTS; (3) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED BEEN AFFORDED AN OPPORTUNITY TO CONSULT WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION GRANTOR; AND (5) AGREES THAT GRANTOR’S RIGHT TO NOTICE SHALL BE LIMITED TO THOSE RIGHTS TO NOTICE PROVIDED BY THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFLOAN DOCUMENTS.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Roberts Realty Investors Inc), Secure Debt and Security Agreement (Roberts Realty Investors Inc)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINDENTURE, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS INDEBTEDNESS SECURED HEREBY AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL NON-JUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINDENTURE; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW), (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT INDENTURE; AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INDENTURE AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INDENTURE AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINDENTURE; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED BARGAIN FOR THE LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT INDENTURE IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 2 contracts
Samples: And Security Agreement (Koger Equity Inc), And Security Agreement (Koger Equity Inc)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY DEED, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS AMOUNTS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AGREEMENTS AND ANY OTHER OBLIGATIONS AMOUNTS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY DEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH THAT GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS OF THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS SECURITY DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS RIGHTS, OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION EXEMPTION, OR REDEMPTION LAWS; (3) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.LAWS AND
Appears in 2 contracts
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS SECURITY DEED TO SECURE DEBTAND BY INITIALING THIS PARAGRAPH 2.18, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES AGENT AND/OR LENDERS TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER SECURED OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE AGENT TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY DEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSSECURITY DEED; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS SECURITY DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY DEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE TRANSACTION. INITIALED BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.GRANTOR: -----------
Appears in 2 contracts
Samples: And Security Agreement (Koger Equity Inc), And Security Agreement (Koger Equity Inc)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY DEED, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS AMOUNTS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AGREEMENTS AND ANY OTHER OBLIGATIONS AMOUNTS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY DEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH THAT GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS OF THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS SECURITY DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS RIGHTS, OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION EXEMPTION, OR REDEMPTION LAWS; (3) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; LAWS AND (4C) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY INTENTIONALLY, AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS SECURITY DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 2 contracts
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTDEBT AND BY INITIALING THIS SECTION, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER SECURED OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY PREMISES BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSDEBT; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY INTENTIONALLY, AND WILLINGLY BY THE GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.TRANSACTION. Initialed by Grantor:
Appears in 2 contracts
Samples: Secure Debt, Security Agreement (KBS Real Estate Investment Trust, Inc.), Secure Debt, Security Agreement (KBS Real Estate Investment Trust, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND AGENT, THE OTHER SECURED PARTIES LENDERS AND/OR THE HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN AGENT TO GRANTEE CAUSE AGENT TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Carter Validus Mission Critical REIT, Inc.), Security Agreement and Fixture Filing (Carter Validus Mission Critical REIT, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY DEED, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS INDEBTEDNESS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) EXCEPT AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTOTHERWISE PROVIDED HEREIN); (2B) EXCEPT TO THE EXTENT PROVIDED OTHERWISE HEREIN, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSGRANTEE; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY DEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.TRANSACTION:
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Tumi Holdings, Inc.), Pledge and Security Agreement (Tumi Holdings, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND AGENT AND/OR THE OTHER SECURED PARTIES LENDERS AND/OR THE HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE OBLIGATIONS EVIDENCED SECURED DEBT AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE AGENT TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 2 contracts
Samples: Credit Agreement (Jernigan Capital, Inc.), Credit Agreement (Jernigan Capital, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS SECURITY DEED TO SECURE DEBTAND BY INITIALING THIS SECTION, GRANTOR EXPRESSLY: EXPRESSLY (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) EXCEPT AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTOTHERWISE PROVIDED HEREIN); (2B) EXCEPT TO THE EXTENT PROVIDED OTHERWISE HEREIN, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSGRANTEE; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY DEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE TRANSACTION: INITIALED BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.GRANTOR: By:
Appears in 1 contract
Samples: MRS Fields Financing Co Inc
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS SECURITY DEED TO SECURE DEBTAND BY INITIALING THIS PARAGRAPH 4.4, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS NOTE AND ANY OTHER OBLIGATIONS INDEBTEDNESS SECURED BY THIS SECURITY DEED AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY DEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS SECURITY DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS SECURITY DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS SECURITY DEED TO SECURE DEBTAND INITIALING THIS PARAGRAPH 4.4; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS SECURITY DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.. INITIALED BY GRANTOR: ______________
Appears in 1 contract
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AGENT AND THE OTHER SECURED PARTIES LENDERS TO ACCELERATE THE OBLIGATIONS EVIDENCED INDEBTEDNESS SECURED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND THE POWER THIS SECURITY INSTRUMENT UPON AN EVENT OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; (2B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT SECURITY INSTRUMENT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGENT AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.. ARTICLE VII
Appears in 1 contract
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND AGENT, THE OTHER SECURED PARTIES LENDERS AND/OR THE HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER SECURED OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN AGENT TO GRANTEE CAUSE TRUSTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AGENT AND THE OTHER SECURED PARTIES LENDERS TO ACCELERATE THE OBLIGATIONS EVIDENCED INDEBTEDNESS SECURED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS THIS SECURITY INSTRUMENT AND THE POWER OF ATTORNEY SALE GIVEN HEREIN TO GRANTEE AGENT TO SELL THE MORTGAGED PROPERTY COLLATERAL BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; (2B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT SECURITY INSTRUMENT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGENT AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND AGENT, LENDERS AND/OR THE OTHER SECURED PARTIES HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
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Samples: Security Agreement and Fixture Filing (Carter Validus Mission Critical REIT, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY DEED, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS DEBT EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS NOTE AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY DEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113573/Store No. 523 41 AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS SECURITY DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, HOMESTEAD EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS SECURITY DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY DEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS SECURITY DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.. Debtor’s Initials : /s/ TJW
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Samples: And Security Agreement (Cole Credit Property Trust III, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND AGENT, THE OTHER SECURED PARTIES LENDERS AND/OR THE HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN AGENT TO GRANTEE CAUSE TRUSTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED INSTRUMENT; (D) TO SECURE DEBTTHE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS OTHERWISE AVAILABLE TO GRANTOR UNDER SECTION 45-45.1 OF THE NORTH CAROLINA GENERAL STATUTES; AND (4E) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
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Samples: Trust, Security Agreement (Carter Validus Mission Critical REIT, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT, GRANTOR EXPRESSLY: (1a) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES LENDER TO ACCELERATE THE OBLIGATIONS EVIDENCED LIABILITIES SECURED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS THIS SECURITY INSTRUMENT AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE LENDER TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT OR OTHER LOAN DOCUMENTS; (2b) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH OR THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (ai) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES LENDER OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESLENDER, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT OR ANOTHER LOAN DOCUMENT AND (bii) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3c) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; AND (4d) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT SECURITY INSTRUMENT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES XXXXXX AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT, GRANTOR EXPRESSLY: (1a) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES LENDER TO ACCELERATE THE OBLIGATIONS EVIDENCED LIABILITIES SECURED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS THIS SECURITY INSTRUMENT AND THE POWER OF ATTORNEY SALE GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT OR OTHER LOAN DOCUMENTS; (2b) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH OR THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (ai) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES LENDER OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESLENDER, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT OR ANOTHER LOAN DOCUMENT AND (bii) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3c) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; AND (4d) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT SECURITY INSTRUMENT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES LENDER AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
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Samples: www.truist.com
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND AGENT, THE OTHER SECURED PARTIES LENDERS AND/OR THE HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN AGENT [TO GRANTEE CAUSE TRUSTEE] TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES AGENT AND/OR LENDERS TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER SECURED OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN AGENT TO GRANTEE CAUSE TRUSTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR GXXXXXX HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Republic Property Trust)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER SECURED OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING Deed to Secure Debt AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) EXCEPT AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTOTHERWISE PROVIDED HEREIN); (2B) EXCEPT TO THE EXTENT PROVIDED OTHERWISE HEREIN, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSGRANTEE; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Georgia Power Co)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTAND BY INITIALING THIS PARAGRAPH 2.17, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS NOTE AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY PREMISES BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTDEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSDEED; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTDEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE TRANSACTION: INITIALED BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.GRANTOR: ______ ARTICLE III
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY DEED, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS DEBT EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS NOTE AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY DEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113557/Store No. 613 41 AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS SECURITY DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, HOMESTEAD EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS SECURITY DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY DEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS SECURITY DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.. Debtor’s Initials : /s/ TJW
Appears in 1 contract
Samples: And Security Agreement (Cole Credit Property Trust III, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, AND BY INITIALLING THIS SECTION 3.11, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS NOTE AND ANY OTHER OBLIGATIONS INDEBTEDNESS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY PREMISES BY NONJUDICIAL NON-JUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND GRANTOR; WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, STAY EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; DEBT AND INITIALLING THIS SECTION AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.TRANSACTION. Initialed by Grantor ------------------------
Appears in 1 contract
Samples: 1 (Roberts Realty Investors Inc)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS SECURITY DEED TO SECURE DEBTAND BY INITIALING THIS SECTION 4.19, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS NOTES AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) EXCEPT AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTOTHERWISE PROVIDED HEREIN); (2B) EXCEPT TO THE EXTENT PROVIDED OTHERWISE HEREIN, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSGRANTEE; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY DEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE TRANSACTION: INITIALED BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.GRANTOR: ______________________________________
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT, GRANTOR EXPRESSLY: (1a) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES LENDER TO ACCELERATE THE OBLIGATIONS EVIDENCED LIABILITIES SECURED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS THIS SECURITY INSTRUMENT AND THE POWER OF ATTORNEY SALE GIVEN HEREIN TO GRANTEE TRUSTEES TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT OR OTHER LOAN DOCUMENTS; (2b) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH OR THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (ai) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES LENDER OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESLENDER, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT OR ANOTHER LOAN DOCUMENT AND (bii) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3c) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; AND (4d) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT SECURITY INSTRUMENT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES XXXXXX AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 1 contract
Samples: www.truist.com
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY DEED, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS DEBT EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS NOTE AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY DEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113532/Store No. 588 41 AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS SECURITY DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, HOMESTEAD EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS SECURITY DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY DEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS SECURITY DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.. Debtor’s Initials : /s/ TJW
Appears in 1 contract
Samples: And Security Agreement (Cole Credit Property Trust III, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTOF TRUST, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES BENEFICIARY TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OR OTHER CREDIT LOAN DOCUMENTS AND ANY OTHER OBLIGATIONS AND UPON THE POWER OCCURRENCE OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS AN EVENT OF THIS DEED TO SECURE DEBTDEFAULT; (2B) TO THE EXTENT ALLOWED BY APPLICABLE LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATIONSTATES, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH VARIOUS PROVISIONS OF THE MORTGAGED PROPERTY IS LOCATEDCONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES BENEFICIARY OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBENEFICIARY; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT TRUST AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH LEGAL COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTOF TRUST; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Erickson Air-Crane Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINDENTURE, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS INDEBTEDNESS SECURED HEREBY AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINDENTURE; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW), (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT INDENTURE; AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INDENTURE AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INDENTURE AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINDENTURE; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED BARGAIN FOR THE LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT INDENTURE IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 1 contract
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES AGENT AND/OR LENDERS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE AGENT TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AGENT AND THE OTHER SECURED PARTIES LENDERS TO ACCELERATE THE OBLIGATIONS EVIDENCED INDEBTEDNESS SECURED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND THE POWER THIS SECURITY INSTRUMENT UPON AN EVENT OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; (2B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT SECURITY INSTRUMENT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGENT AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 1 contract
Samples: Mortgage, Security Agreement (Morgans Hotel Group Co.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS SECURITY DEED TO SECURE DEBTAND BY INITIALING THIS SECTION 4.12, GRANTOR EXPRESSLY: (1a) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS NOTE AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED SECURED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTNOTICE; (2b) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND GRANTEE, PROVIDED THAT NOTHING CONTAINED HEREIN SHALL BE DEEMED TO DIMINISH OR IMPAIR ANY RIGHTS OF THE OTHER SECURED PARTIES, EXCEPT GRANTOR TO RECEIVE NOTICES (INCLUDING NOTICES OF EVENTS OF DEFAULT) TO THE EXTENT THAT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY NOTICES ARE REQUIRED TO BE GIVEN UNDER BY THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSLOAN DOCUMENTS; (3c) ACKNOWLEDGES THAT GRANTOR HAS READ THIS SECURITY DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY DEED; AND (4d) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE TRANSACTION. INITIALED BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.GRANTOR: (NAME OF GRANTOR): By:
Appears in 1 contract
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTOF TRUST, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES BENEFICIARY TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS, IN THE MANNER SET FORTH IN THE LOAN AGREEMENT, EVIDENCED BY THE CREDIT LOAN AGREEMENT AND OR OTHER CREDIT LOAN DOCUMENTS AND ANY OTHER OBLIGATIONS AND UPON THE POWER OCCURRENCE OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS AN EVENT OF THIS DEED TO SECURE DEBTDEFAULT; (2B) TO THE EXTENT ALLOWED BY APPLICABLE LAW, AND EXCEPT AS SET FORTH IN ANY OF THE LOAN DOCUMENTS, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATIONSTATES, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH VARIOUS PROVISIONS OF THE MORTGAGED PROPERTY IS LOCATEDCONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES BENEFICIARY OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBENEFICIARY; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT TRUST AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH LEGAL COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTOF TRUST; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES AGENT AND/OR BANKS TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER SECURED OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN AGENT TO GRANTEE CAUSE TRUSTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (Republic Property Trust)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTAND BY INITIALING THIS ARTICLE, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS NOTES AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED SUBJECT PROPERTY BY NONJUDICIAL FORECLOSURE SALE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) EXCEPT AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTOTHERWISE PROVIDED HEREIN); (2B) EXCEPT TO THE EXTENT PROVIDED OTHERWISE HEREIN, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSGRANTEE; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTDEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS TRANSACTION: INITIALED BY GRANTOR: /s/ ---------------- By:_____________ This Deed has been duly executed by Grantor on the date first above written. THE XXXXXXX XXXXXX COMPANY By: /s/ -------------------------------- Name: [CORPORATE SEAL] Signed, sealed and delivered this ____ day of December, 1996, in the presence of: /s/ -------------------------------- Unofficial Witness ________________________________ Notary Public My commission expires: [NOTARY SEAL] Schedule A Description of the Premises [Attach Legal Description of all parcels] [Xxxxx County, Georgia] After recording, please return to: Xxxxxxx Xxxxxxx & Xxxxxxxx a partnership which includes professional corporations 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx X. Xxxxx DEED TO SECURE DEBT AND SECURITY AGREEMENT from THE XXXXXXX XXXXXX COMPANY, Grantor to THE CHASE MANHATTAN BANK, as Administrative Agent, Grantee DATED AS OF DECEMBER 23, 1996 NOTICE: THIS INSTRUMENT CONTAINS, INTER ALIA, OBLIGATIONS WHICH MAY PROVIDE FOR A VARIABLE RATE OF INTEREST AND/OR FUTURE AND/OR REVOLVING CREDIT ADVANCES OR READVANCES, WHICH, WHEN MADE, SHALL HAVE THE SAME PRIORITY AS ADVANCES OR READVANCES MADE ON THE DATE HEREOF WHETHER OR NOT (I) ANY ADVANCES OR READVANCES WERE MADE ON THE DATE HEREOF AND (II) ANY INDEBTEDNESS IS VALID OUTSTANDING AT THE TIME ANY ADVANCE OR READVANCE IS MADE. THE AGGREGATE PRINCIPAL AMOUNT OF THE NOTES AND ENFORCEABLE ALL OTHER OBLIGATIONS SECURED BY GRANTEE THIS MORTGAGE IS $100,000,000. [Spalding County, Georgia] After recording, please return to: Xxxxxxx Xxxxxxx & Xxxxxxxx a partnership which includes professional corporations 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx X. Xxxxx DEED TO SECURE DEBT AND SECURITY AGREEMENT from THE XXXXXXX XXXXXX COMPANY, Grantor to THE CHASE MANHATTAN BANK, as Administrative Agent, Grantee DATED AS OF DECEMBER 23, 1996 NOTICE: THIS INSTRUMENT CONTAINS, INTER ALIA, OBLIGATIONS WHICH MAY PROVIDE FOR A VARIABLE RATE OF INTEREST AND/OR FUTURE AND/OR REVOLVING CREDIT ADVANCES OR READVANCES, WHICH, WHEN MADE, SHALL HAVE THE SAME PRIORITY AS ADVANCES OR READVANCES MADE ON THE DATE HEREOF WHETHER OR NOT (I) ANY ADVANCES OR READVANCES WERE MADE ON THE DATE HEREOF AND (II) ANY INDEBTEDNESS IS OUTSTANDING AT THE TIME ANY ADVANCE OR READVANCE IS MADE. THE AGGREGATE PRINCIPAL AMOUNT OF THE NOTES AND ALL OTHER OBLIGATIONS SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH BY THIS MORTGAGE IS $100,000,000. [Xxxxx County, Georgia] After recording, please return to: Xxxxxxx Xxxxxxx & Xxxxxxxx a partnership which includes professional corporations 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx X. Xxxxx DEED TO SECURE DEBT AND SECURITY AGREEMENT from THE XXXXXXX XXXXXX COMPANY, Grantor to THE CHASE MANHATTAN BANK, as Administrative Agent, Grantee DATED AS OF DECEMBER 23, 1996 NOTICE: THIS INSTRUMENT CONTAINS, INTER ALIA, OBLIGATIONS WHICH MAY PROVIDE FOR A VARIABLE RATE OF INTEREST AND/OR FUTURE AND/OR REVOLVING CREDIT ADVANCES OR READVANCES, WHICH, WHEN MADE, SHALL HAVE THE SAME PRIORITY AS ADVANCES OR READVANCES MADE ON THE DATE HEREOF WHETHER OR NOT (I) ANY ADVANCES OR READVANCES WERE MADE ON THE DATE HEREOF AND (II) ANY INDEBTEDNESS IS OUTSTANDING AT THE TIME ANY ADVANCE OR READVANCE IS MADE. THE AGGREGATE PRINCIPAL AMOUNT OF THE NOTES AND ALL OTHER OBLIGATIONS SECURED BY THIS MORTGAGE IS $100,000,000. TRADEMARK SECURITY AGREEMENT SECURITY AGREEMENT, dated as of October 30, 1996 made by TWCC ACQUISITION CORP., a Massachusetts corporation (to be merged with and into The Xxxxxxx Xxxxxx Company, the "Company"), in favor of THE TERMS AND CONDITIONS HEREOFCHASE MANHATTAN BANK, a New York banking corporation, as administrative agent (in such capacity, the "Administrative Agent") for the several lenders (the "Lenders") from time to time parties to the Credit Agreement (as defined below).
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTAND BY INITIALING THIS PARAGRAPH, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS NOTE AND ANY OTHER OBLIGATIONS SECURED INDEBTEDNESS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY SECURITY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTDEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTAND INITIALING THIS PARAGRAPH; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 1 contract
Samples: Debt and Security Agreement (Century Properties Fund Xix)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT, GRANTOR EXPRESSLY: (1a) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES ADMINISTRATIVE AGENT TO ACCELERATE THE OBLIGATIONS EVIDENCED LIABILITIES SECURED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS THIS SECURITY INSTRUMENT AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE ADMINISTRATIVE AGENT TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT OR OTHER LOAN DOCUMENTS; (2b) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH OR THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (ai) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES ADMINISTRATIVE AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESADMINISTRATIVE AGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT OR ANOTHER LOAN DOCUMENT AND (bii) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3c) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; AND (4d) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT SECURITY INSTRUMENT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES ADMINISTRATIVE AGENT AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTOF TRUST, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES BENEFICIARY TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND INDENTURE OR OTHER CREDIT SECURED DOCUMENTS AND ANY OTHER OBLIGATIONS AND UPON THE POWER OCCURRENCE OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS AN EVENT OF THIS DEED TO SECURE DEBTDEFAULT; (2B) TO THE EXTENT ALLOWED BY APPLICABLE LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATIONSTATES, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH VARIOUS PROVISIONS OF THE MORTGAGED PROPERTY IS LOCATEDCONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES BENEFICIARY OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBENEFICIARY; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT TRUST AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH LEGAL COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTOF TRUST; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFCOMMERCIAL TRANSACTION.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTOF TRUST, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES BENEFICIARY TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS, IN THE MANNER SET FORTH IN THE INDENTURE, EVIDENCED BY THE CREDIT INDENTURE, THE INTERCREDITOR AGREEMENT AND OR OTHER CREDIT NOTE DOCUMENTS AND ANY OTHER OBLIGATIONS AND UPON THE POWER OCCURRENCE OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS AN EVENT OF THIS DEED TO SECURE DEBTDEFAULT; (2B) TO THE EXTENT ALLOWED BY APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THE INDENTURE OR ANY OF THE NOTE DOCUMENTS, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATIONSTATES, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH VARIOUS PROVISIONS OF THE MORTGAGED PROPERTY IS LOCATEDCONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES BENEFICIARY OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBENEFICIARY; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT TRUST AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH LEGAL COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTOF TRUST; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: (1a) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS NOTE AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED SECURED PROPERTY BY NONJUDICIAL NON-JUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTNOTICE; (2b) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND GRANTEE, PROVIDED THAT NOTHING CONTAINED HEREIN SHALL BE DEEMED TO DIMINISH OR IMPAIR ANY RIGHTS OF THE OTHER SECURED PARTIES, EXCEPT GRANTOR TO RECEIVE NOTICES (INCLUDING NOTICES OF EVENTS OF DEFAULT) TO THE EXTENT THAT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY NOTICES ARE REQUIRED TO BE GIVEN UNDER BY THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSLOAN DOCUMENTS; (3c) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; AND (4d) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
Samples: Rents and Security Agreement (TNP Strategic Retail Trust, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES AGENT AND/OR LENDERS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN AGENT TO GRANTEE CAUSE TRUSTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER SECURED OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) EXCEPT AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTOTHERWISE PROVIDED HEREIN); (2B) EXCEPT TO THE EXTENT PROVIDED OTHERWISE HEREIN, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSGRANTEE; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
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Samples: Debt, Security Agreement and Fixture Filing (Georgia Power Co)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: EXPRESSLY (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS NOTE AND ANY OTHER OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY DEED ESTATE BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WHICH HAS OCCURRED AND IS CONTINUING WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED BARGAINED-FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.. INITIALED BY XXXXXXX Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia
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Samples: Loan Agreement (Jameson Inns Inc)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: (1) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS INDEBTEDNESS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY PREMISES BY NONJUDICIAL NON-JUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTDEED; (2) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE FIFTH AND FOURTEENTH AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATIONSTATES, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE VARIOUS PROVISIONS OF THE CONSTITUTION FOR THE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDOF GEORGIA, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESIN THIS DEED, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSDEED; (3) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED BEEN AFFORDED AN OPPORTUNITY TO CONSULT WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTDEED; AND (4) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION TRANSACTION; AND (5) AGREES THAT GRANTOR’S RIGHTS TO NOTICE SHALL BE LIMITED TO THOSE RIGHTS TO NOTICE PROVIDED BY THIS DEED AND NO OTHER. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. GRANTOR ACKNOWLEDGES AND AGREES THAT THERE ARE NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT AND NO SUCH OTHER TERMS AND PROVISIONS MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. Grantor acknowledges receipt of a copy of this instrument at the time of execution hereof. [DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.SECURITY AGREEMENT] ING No. 28315
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND AGENT, THE OTHER SECURED PARTIES LENDERS AND/OR THE HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN AGENT TO GRANTEE CAUSE TRUSTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
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WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS NOTE AND ANY OTHER OBLIGATIONS SECURED INDEBTEDNESS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY PREMISES BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT DEBT, AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED BARGAINED-FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 1 contract
Samples: And Security Agreement (Roberts Realty Investors Inc)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS NOTES AND ANY OTHER SECURED OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND EXCEPT FOR OGCA SECTION 44-14161 ET. SEQ. AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, ; INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED BARGAINED-FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 1 contract
Samples: First United Ethanol LLC
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND BENEFICIARY, THE OTHER SECURED PARTIES LENDERS AND/OR THE HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN BENEFICIARY TO GRANTEE CAUSE TRUSTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES BENEFICIARY OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESBENEFICIARY, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
Samples: Financing Statement (Carter Validus Mission Critical REIT, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTDEED, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS NOTE AND ANY OTHER OBLIGATIONS SECURED INDEBTEDNESS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY PREMISES BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTDEED; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT DEED, AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S 'S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTDEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED BARGAINED-FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.
Appears in 1 contract
Samples: Roberts Realty Investors Inc
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS SECURITY DEED TO SECURE DEBTAND BY INITIALING THIS SECTION 7.4, GRANTOR EXPRESSLY: (1) EXPRESSLY ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS INDEBTEDNESS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY IN ACCORDANCE WITH THE PROVISIONS HEREOF BY NONJUDICIAL NON-JUDICIAL. FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT; (2) NOTICE. GRANTOR HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS WHICH RIGHT GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE STATE OF GEORGIA OR THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATED, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) AMERICA TO NOTICE AND OR TO A JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED BY THIS SECURITY DEED TO GRANTEE AND GRANTOR WAIVES THE OTHER SECURED PARTIESRIGHTS, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED , TO BE GIVEN UNDER SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECURITY DEED TO SECURE DEBT ON THE GROUND (IF SUCH BE THE CASE) THAT THE SALE WAS CONSUMMATED WITHOUT A PRIOR JUDICIAL HEARING. ALL WAIVERS BY GRANTOR IN THIS PARAGRAPH HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND (b) CONCERNING THE APPLICATIONKNOWINGLY, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3) ACKNOWLEDGES THAT AFTER GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH FIRST INFORMED BY COUNSEL OF GRANTOR’S CHOICE PRIOR 'S OWN CHOOSING AS TO EXECUTING THIS DEED TO SECURE DEBT; POSSIBLE ALTERNATIVE RIGHTS, AND (4) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AS AN INTENTIONAL RELINQUISHMENT AND WILLINGLY BY GRANTOR AS PART ABANDONMENT OF A BARGAINED FOR LOAN TRANSACTION KNOWN RIGHT AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.PRIVILEGE. GRANTOR'S INITIALS: /S/ MFL
Appears in 1 contract
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTAND BY INITIALING THIS ARTICLE 34, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OTHER CREDIT NOTES OR THE LOAN DOCUMENTS AND ANY OTHER OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED SUBJECT PROPERTY BY NONJUDICIAL FORECLOSURE SALE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) EXCEPT AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTOTHERWISE PROVIDED HEREIN); (2B) EXCEPT TO THE EXTENT PROVIDED OTHERWISE HEREIN, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSGRANTEE; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTDEED; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE TRANSACTION: INITIALED BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.GRANTOR: By:
Appears in 1 contract
Samples: Assignment and Assumption (International Paper Co /New/)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTOF TRUST, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES BENEFICIARY TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT AGREEMENT AND OR OTHER CREDIT LOAN DOCUMENTS AND ANY OTHER OBLIGATIONS AND UPON THE POWER OCCURRENCE OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS AN EVENT OF THIS DEED TO SECURE DEBTDEFAULT; (2B) TO THE EXTENT ALLOWED BY APPLICABLE LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATIONSTATES, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH VARIOUS PROVISIONS OF THE MORTGAGED PROPERTY IS LOCATEDCONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES BENEFICIARY OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBENEFICIARY; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT TRUST AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH LEGAL COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTOF TRUST; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE HAS BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
Samples: Oasis Interval Ownership, LLC
WAIVER OF GRANTOR’S RIGHTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED, THE FOLLOWING PROVISIONS SHALL APPLY: BY EXECUTION OF THIS DEED TO SECURE DEBT, INSTRUMENT AND BY INITIALING THIS PARAGRAPH GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED BY THE CREDIT AGREEMENT NOTE AND THE OTHER CREDIT LOAN DOCUMENTS AND ANY OTHER OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL ALL OF ANY PORTION OF THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) EXCEPT AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTOTHERWISE PROVIDED HEREIN); (2B) EXCEPT TO THE EXTENT PROVIDED OTHERWISE HEREIN, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAWLAWS, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSGRANTEE; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TRANSACTION. GRANTOR’S INITIALS AS TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOF.SECTION 16.11 ABOVE: TS
Appears in 1 contract
Samples: And Security Agreement (Carter Validus Mission Critical REIT, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT, GRANTOR EXPRESSLY: (1I) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS EVIDENCED SECURED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS THIS SECURITY INSTRUMENT AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL NON-JUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; (2II) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOFTHERETO), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS OF THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESGRANTEE, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT, AND (b2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION LIMITATIONS OR ANY MORATORIUM, REINSTATEMENT, MARSHALLINGMARSHALING, FOREBEARANCEFORBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWS; (3III) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ANY AND ALL QUESTIONS OF GRANTOR REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT SECURITY INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR GRANTOR, AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTSECURITY INSTRUMENT; AND (4IV) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED BARGAINED-FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT SECURITY INSTRUMENT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL OF THE TERMS AND CONDITIONS HEREOF.
Appears in 1 contract
Samples: Security Agreement (KBS Strategic Opportunity REIT, Inc.)
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND AGENT, LENDERS AND/OR THE OTHER SECURED PARTIES HOLDERS OF THE HEDGE OBLIGATIONS TO ACCELERATE THE SECURED OBLIGATIONS EVIDENCED AND, TO THE EXTENT PERMITTED BY THE CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND LAW, THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE AGENT TO SELL THE MORTGAGED PROPERTY BY NONJUDICIAL FORECLOSURE UPON DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTINSTRUMENT OR BY LAW; (2B) TO THE FULL EXTENT PERMITTED BY LAW, WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES AGENT OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIESAGENT, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF PROVIDED IN THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS INSTRUMENT OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSBY APPLICABLE LAW; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS THE OTHER LOAN DOCUMENTS AND THEIR PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
WAIVER OF GRANTOR’S RIGHTS. BY EXECUTION OF THIS DEED TO SECURE DEBTINSTRUMENT, GRANTOR EXPRESSLY: (1A) ACKNOWLEDGES THE RIGHT OF GRANTEE AND THE OTHER SECURED PARTIES TO ACCELERATE THE OBLIGATIONS INDEBTEDNESS EVIDENCED BY THE CREDIT NOTE AND THE LEASE AGREEMENT AND OTHER CREDIT DOCUMENTS AND ANY OTHER OBLIGATIONS AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE MORTGAGED SECURED PROPERTY BY NONJUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT BY GRANTOR WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBTNOTICE; (2B) WAIVES ANY AND ALL RIGHTS WHICH GRANTOR MAY HAVE UNDER THE CONSTITUTION OF THE UNITED STATES (INCLUDING, WITHOUT LIMITATION, INCLUDING THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF), OF’ HE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATEDVARIOUS PROVISIONS OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER APPLICABLE LAW, (a) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO nit THE EXERCISE BY GRANTEE OR THE OTHER SECURED PARTIES OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO GRANTEE AND THE OTHER SECURED PARTIES, EXCEPT SUCH NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS DEED TO SECURE DEBT AND (b) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FOREBEARANCE, APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION LAWSGRANTEE; (3C) ACKNOWLEDGES THAT GRANTOR HAS READ THIS DEED TO SECURE DEBT AND ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS DEED TO SECURE DEBT INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO GRANTOR AND GRANTOR HAS CONSULTED WITH COUNSEL OF GRANTOR’S CHOICE PRIOR TO EXECUTING THIS DEED TO SECURE DEBTINSTRUMENT; AND (4D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID RIGHTS OF GRANTOR HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY GRANTOR AS PART OF A BARGAINED FOR LOAN TRANSACTION AND THAT THIS DEED TO SECURE DEBT IS VALID AND ENFORCEABLE BY GRANTEE AND THE OTHER SECURED PARTIES AGAINST GRANTOR IN ACCORDANCE WITH ALL THE TERMS AND CONDITIONS HEREOFTRANSACTION.
Appears in 1 contract
Samples: Secure Debt and Security Agreement (Fox Factory Holding Corp)
