Common use of Waiver of Marshaling, Rights of Redemption, Homestead and Valuation Clause in Contracts

Waiver of Marshaling, Rights of Redemption, Homestead and Valuation. (a) Trustor, for itself and for all persons hereafter claiming through or under it or who may at any time hereafter become holders of liens junior to the lien of this Deed of Trust, hereby expressly waives and releases all rights to direct the order in which any of the Trust Estate shall be sold in the event of any sale or sales pursuant hereto and to have any of the Trust Estate and/or any other property now or hereafter constituting security for any of the indebtedness secured hereby marshaled upon any foreclosure of this Deed of Trust or of any other security for any of said indebtedness, subject to any statutory right of Trustor to direct the order in which the Trust Estate shall be sold. (b) To the fullest extent permitted by law, Trustor, for itself and all who may at any time claim through or under it, hereby expressly waives, releases and renounces all rights of redemption from any foreclosure sale, all rights of homestead, exception, monitoring reinstatements, forbearance, appraisement, valuation, stay and all rights under any other laws which may be enacted extending the time for or otherwise affecting enforcement or collection of the PPF Agreement, the debt and obligations evidenced thereby, or this Deed of Trust. (c) To the fullest extent permitted by law, Trustor, for itself and all who may at any time claim through or under it, hereby expressly waives, releases and renounces all rights to assert any statutory or common law right of partition with respect to the Trust Estate and agree not to assert any such right so long as this Deed of Trust is a lien on the Trust Estate.

Appears in 2 contracts

Samples: Leasehold Deed of Trust, Leasehold Deed of Trust (Desert Hawk Gold Corp.)

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Waiver of Marshaling, Rights of Redemption, Homestead and Valuation. (aA) Trustor, for itself and for all persons hereafter claiming through or under it or who may at any time hereafter become holders of liens junior to the lien of this Deed of Trust, hereby expressly waives and releases all rights to direct the order in which any of the Trust Estate Property shall be sold in the event of any sale or sales pursuant hereto and to have any of the Trust Estate Property and/or any other property now or hereafter constituting security for any of the indebtedness secured hereby marshaled marshalled upon any foreclosure of this Deed of Trust or of any other security for any of said indebtedness, subject to any statutory right of Trustor to direct the order in which the Trust Estate shall be sold. (bB) To the fullest extent permitted by law, Trustor, for itself and all who may at any time claim through or under it, hereby expressly waives, releases and renounces all rights of redemption from any foreclosure sale, all rights of homestead, exception, monitoring reinstatements, forbearance, appraisement, valuation, stay and all rights under any other laws which may be enacted extending the time for or otherwise affecting enforcement or collection of the PPF AgreementNotes, the debt and obligations evidenced thereby, or this Deed of Trust. (c) To the fullest extent permitted by law, Trustor, for itself and all who may at any time claim through or under it, hereby expressly waives, releases and renounces all rights to assert any statutory or common law right of partition with respect to the Trust Estate and agree not to assert any such right so long as this Deed of Trust is a lien on the Trust Estate.

Appears in 1 contract

Samples: Deed of Trust (Amerivest Properties Inc)

Waiver of Marshaling, Rights of Redemption, Homestead and Valuation. (aA) Trustor, for itself and for all persons hereafter claiming through or under it or who may at any time hereafter become holders of liens junior to the lien of this Deed of Trust, hereby expressly waives and releases all rights to direct the order in which any of the Trust Estate Property shall be sold in the event of any sale or sales pursuant hereto and to have any of the Trust Estate Property and/or any other property now or hereafter constituting security for any of the indebtedness secured hereby marshaled upon any foreclosure of this Deed of Trust or of any other security for any of said indebtedness, subject to any statutory right of Trustor to direct the order in which the Trust Estate shall be sold. (bB) To the fullest extent permitted by law, Trustor, for itself and all who may at any time claim through or under it, hereby expressly waives, releases and renounces all rights of redemption from any foreclosure sale, all rights of homestead, exception, monitoring reinstatements, forbearance, appraisement, valuation, stay and all rights under any other laws which may be enacted extending the time for or otherwise affecting enforcement or collection of the PPF AgreementNote, the debt and obligations evidenced thereby, or this Deed of Trust. (c) To the fullest extent permitted by law, Trustor, for itself and all who may at any time claim through or under it, hereby expressly waives, releases and renounces all rights to assert any statutory or common law right of partition with respect to the Trust Estate and agree not to assert any such right so long as this Deed of Trust is a lien on the Trust Estate.

Appears in 1 contract

Samples: Deed of Trust (KBS Strategic Opportunity REIT, Inc.)

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Waiver of Marshaling, Rights of Redemption, Homestead and Valuation. (aA) Trustor, for itself and for all persons hereafter claiming through or under it or who may at any time hereafter become holders of liens junior to the lien of this Deed of Trust, hereby expressly waives and releases all rights to direct the order in which any of the Trust Estate Property shall be sold in the event of any sale or sales pursuant hereto and to have any of the Trust Estate Property and/or any other property now or hereafter constituting security for any of the indebtedness secured hereby marshaled marshalled upon any foreclosure of this Deed of Trust or of any other security for any of said indebtedness, subject to any statutory right of Trustor to direct the order in which the Trust Estate shall be sold. (bB) To the fullest extent permitted by law, Trustor, for itself and all who may at any time claim through or under it, hereby expressly waives, releases and renounces all rights of redemption from any foreclosure sale, all rights of homestead, exception, monitoring reinstatements, forbearance, appraisement, valuation, stay and all rights under any other laws which may be enacted extending the time for or otherwise affecting enforcement or collection of the PPF AgreementNote, the debt and obligations evidenced thereby, or this Deed of Trust. (c) To the fullest extent permitted by law, Trustor, for itself and all who may at any time claim through or under it, hereby expressly waives, releases and renounces all rights to assert any statutory or common law right of partition with respect to the Trust Estate and agree not to assert any such right so long as this Deed of Trust is a lien on the Trust Estate.

Appears in 1 contract

Samples: Deed of Trust (Amerivest Properties Inc)

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