Common use of Waiver of Marshalling of Assets Defense Clause in Contracts

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property Facility for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the 113 108 interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property the Facility for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual Propertythe Pledged Collateral, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property the Pledged Collateral for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property the Facility for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, FGI and others Persons with interests in such Borrower, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any the Individual Property for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness out of the Net Proceeds of the Individual Property in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest --------------------------------------- extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property Facility for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower Borrowers may legally do so, each Borrower waives Borrowers waive all rights to a marshalling of the assets of each such BorrowerBorrowers, and others with interests in such BorrowerBorrowers, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender Agent under the Loan Documents to a sale of any Individual the Mortgaged Property for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee Agent to the payment of the Indebtedness out of the Net Proceeds of the Mortgaged Property in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual Propertythe Collateral, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees agree not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of any Lender under the Loan Documents to a sale of any Individual Property Collateral for the collection of the Indebtedness without any prior or different resort for collection, or the right of any Lender or Deed of Trust Trustee to the payment of the Indebtedness out of the Net Proceeds of the Collateral in preference to every other claimant whatsoever.. 104

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, Borrower and others Persons with interests in such Borrower, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any the Individual Property for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness out of the Net Proceeds of the Individual Property in preference to every other claimant whatsoever.. 99 95

Waiver of Marshalling of Assets Defense. To the fullest extent that each any Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property its Facility for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness out of the Net Proceeds of the Facility in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws 102 pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, Borrower and others Persons with interests in such Borrower, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the 121 right of Lender under the Loan Documents to a sale of any the Individual Property for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness out of the Net Proceeds of the Individual Property in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead 104 exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness in preference to every other claimant whatsoever.

Waiver of Marshalling of Assets Defense. To the fullest extent that each Borrower may legally do so, each Borrower waives all rights to a marshalling of the assets of each such Borrower, and others with interests in such Borrower, and of any Individual the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of any Individual Property the Facility for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender or Deed of Trust Trustee to the payment of the Indebtedness in preference to every other claimant whatsoever.