Common use of Waiver of Marshalling of Assets Clause in Contracts

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and others with interests in Borrower, and of the Properties, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgages, 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 the Properties for the collection of the Debt without any prior or different resort for collection or of the right of Lender to the payment of the Debt out of the net proceeds of the Properties in preference to every other claimant whatsoever. In addition, Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Collateral, any equitable right otherwise available to Borrower which would require the separate sale of the Collateral with respect to each Mortgage Borrower or require Lender to exhaust its remedies against any Collateral with respect to each Mortgage Borrower or any combination of such Collateral before proceeding against any other Collateral with respect to one or more Mortgage Borrowers; and further in the event of such foreclosure Borrower does hereby expressly consent to and authorize, at the option of Lender, the foreclosure and sale either separately or together of any combination of the Collateral.

Waiver of Marshalling of Assets. To the fullest extent permitted by lawApplicable Law, BorrowerPledgor, for itself and its successors and assigns, waives all rights to a marshalling of the assets of BorrowerPledgor, BorrowerPledgor’s partners and others with interests in BorrowerPledgor, and of the PropertiesCollateral, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the MortgagesPledge Agreement, 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 the Properties Collateral for the collection of the Debt without any prior or different resort for collection or of the right of Lender to the payment of the Debt out of the net proceeds of the Properties in preference to every other claimant whatsoever. In addition, BorrowerPledgor, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the CollateralPledge Agreement, any equitable right otherwise available to Borrower Pledgor which would require the separate sale of the Collateral with respect to each Mortgage Borrower or require Lender to exhaust its remedies against any Collateral with respect to each Mortgage Borrower or any combination portion of such the Collateral before proceeding against any other Collateral with respect to one or more Mortgage Borrowersportion of the Collateral; and further in the event of such foreclosure Borrower Pledgor does hereby expressly consent consents to and authorizeauthorizes, at the option of Lender, the foreclosure and sale either separately or together of any combination of the Collateral.

Waiver of Marshalling of Assets. To the fullest extent permitted by lawApplicable Law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and others with interests in Borrower, and of the PropertiesProperty, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the MortgagesSecurity Instrument, 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 the Properties Property for the collection of the Debt without any prior or different resort for collection or of the right of Lender to the payment of the Debt out of the net proceeds of the Properties Property in preference to every other claimant whatsoever. In addition, Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all part of the CollateralSecurity Instrument, any equitable right otherwise available to Borrower which would require the separate sale of the Collateral with respect to each Mortgage Borrower Property or require Lender to exhaust its remedies against any Collateral with respect to each Mortgage Borrower or any combination of such Collateral the Property before proceeding against any other Collateral with respect to one or more Mortgage BorrowersCollateral; and further in the event of such foreclosure Borrower does hereby expressly consent consents to and authorizeauthorizes, at the option of Lender, the foreclosure and sale either separately or together of any combination of the CollateralProperty.

Waiver of Marshalling of Assets. To the fullest extent permitted by lawBorrower may legally do so, Borrower, for itself and its successors and assigns, Borrower waives all rights to a marshalling of the assets of Borrower, Borrower’s partners 's partners, if any, and others with interests in Borrower, and of the Borrower's Properties, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgagesinterests 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 the applicable Properties for the collection of the Debt related Indebtedness without any prior or different resort for collection or collection, of the right of Lender or any deed of trust trustee to the payment of the Debt related Indebtedness out of the net proceeds of the Properties a Property in preference to every other claimant whatsoever. In addition, Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the CollateralMortgages, any equitable right otherwise available to the Borrower which would require the separate sale of the Collateral with respect to each Mortgage Borrower Properties or require Lender to exhaust its remedies against any Collateral with respect to each Mortgage Borrower Property or any combination of such Collateral the Properties before proceeding against any other Collateral with respect to one Property or more Mortgage Borrowerscombination of Properties; and further in the event of such foreclosure the Borrower does hereby expressly consent to and authorize, at the option of Lender, the foreclosure and sale either separately or together of any combination of the CollateralProperties.

Waiver of Marshalling of Assets. Lender has made the Loan to Borrower upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of the Properties taken separately. The Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Loan Agreement shall constitute an Event of Default under each Mortgage; and (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s 's partners and others with interests in Borrower, and of the Properties, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgages, 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 the Properties for the collection of the Debt without any prior or different resort for collection or of the right of Lender to the payment of the Debt out of the net proceeds of the Properties in preference to every other claimant whatsoever. In addition, Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the CollateralMortgages, 58 63 any equitable right otherwise available to Borrower which would require the separate sale of the Collateral with respect to each Mortgage Borrower Properties or require Lender to exhaust its remedies against any Collateral with respect to each Mortgage Borrower Individual Property or any combination of such Collateral the Properties before proceeding against any other Collateral with respect to one Individual Property or more Mortgage Borrowerscombination of Properties; and further in the event of such that foreclosure Borrower does hereby expressly consent consents to and authorizeauthorizes, at the option of the Lender, the foreclosure and sale either separately or together of any combination of the CollateralProperties.

Waiver of Marshalling of Assets. To the fullest extent permitted by lawApplicable Law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and others with interests in Borrower, such Borrower and of the Collateral Properties, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgages, 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 Lenders under the Loan Documents to a sale of the Collateral Properties for the collection of the Debt Obligations without any prior or different resort for collection or of the right of Lender Lenders to the payment of the Debt Obligations out of the net proceeds of the Collateral Properties in preference to every other claimant whatsoever. In addition, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or A/72912756.15 all of the CollateralMortgages, any equitable right otherwise available to Borrower Borrowers which would require the separate sale of the Collateral with respect to each Mortgage Borrower Properties or require Lender Lenders to exhaust its their remedies against any the Collateral with respect to each Mortgage Borrower Properties or any combination of such the Collateral Properties before proceeding against any other Collateral with respect to one Property or more Mortgage Borrowerscombination of Collateral Properties; and further in the event of such foreclosure Borrower does Borrowers hereby expressly consent to and authorize, at the option of LenderLenders, the foreclosure and sale either separately or together of any combination of the CollateralCollateral Properties.

Waiver of Marshalling of Assets. To the fullest extent permitted by lawApplicable Law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and others with interests in Borrower, such Borrower and of the Collateral Properties, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgages, 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 Lenders under the Loan Documents to a sale of the Collateral Properties for the collection of the Debt Obligations without any prior or different resort for collection or of the right of Lender Lenders to the payment of the Debt Obligations out of the net proceeds of the Collateral Properties in preference to every other claimant whatsoever. In addition, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the CollateralMortgages, any equitable right otherwise available to Borrower Borrowers which would require the separate sale of the Collateral with respect to each Mortgage Borrower Properties or require Lender Lenders to exhaust its their remedies against any the Collateral with respect to each Mortgage Borrower Properties or any combination of such the Collateral Properties before proceeding against any other Collateral with respect to one Property or more Mortgage Borrowerscombination of Collateral Properties; and further in the event of such foreclosure Borrower does Borrowers hereby expressly consent to and authorize, at the option of LenderLenders, the foreclosure and sale either separately or together of any combination of the CollateralCollateral Properties.

Waiver of Marshalling of Assets. To the fullest extent permitted by lawApplicable Law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and others with interests in Borrower, such Borrower and of the Collateral Properties, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgages, 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 the Lenders under the Loan Documents to a sale of the Collateral Properties for the collection of the Debt Obligations without any prior or different resort for collection or of the right of Lender the Lenders to the payment of the Debt Obligations out of the net proceeds of the Collateral Properties in preference to every other claimant whatsoever. In addition, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the CollateralMortgages, any equitable right otherwise available to Borrower Borrowers which would require the separate sale of the Collateral with respect to each Mortgage Borrower Properties or require Lender the Lenders to exhaust its their remedies against any the Collateral with respect to each Mortgage Borrower Properties or any combination of such the Collateral Properties before proceeding against any other Collateral with respect to one Property or more Mortgage Borrowerscombination of Collateral Properties; and further in the event of such foreclosure Borrower does Borrowers hereby expressly consent to and authorize, at the option of Lenderthe Lenders, the foreclosure and sale either separately or together of any combination of the CollateralCollateral Properties.

Waiver of Marshalling of Assets. To the fullest extent permitted by laweach Borrower may legally do so, Borrower, for itself and its successors and assigns, each Borrower waives all rights to a marshalling of the assets of such Borrower, such Borrower’s partners 's members, if any, and others with interests in such Borrower, and of the Properties, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgagesinterests 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 the Properties applicable Property for the collection of the related Debt without any prior or different resort for collection or collection, of the right of Lender or any deed of trust trustee to the payment of the related Debt out of the net proceeds of the Properties Property in preference to every other claimant whatsoever. In addition, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the CollateralMortgages, any equitable right otherwise available to such Borrower which would require the separate sale of portions of the Collateral with respect to each Mortgage Borrower Properties or require Lender to exhaust its remedies against any Collateral with respect to each Mortgage Borrower Property or any combination of such Collateral the Properties before proceeding against any other Collateral with respect to one Property or more Mortgage Borrowerscombination of Properties; and further further, in the event of such foreclosure foreclosure, each Borrower does hereby expressly consent to and authorize, at the option of Lender, the foreclosure and sale either separately or together of any combination of the CollateralProperties.

Waiver of Marshalling of Assets. To the fullest extent permitted by lawApplicable Law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and others with interests in Borrower, such Borrower and of the Collateral Properties, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgages, 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 the Lenders under the Loan Documents to a sale of the Collateral Properties for the collection of the Debt Obligations without any prior or different resort for collection or of the right of Lender the Lenders to the payment of the Debt Obligations out of the net proceeds of the Collateral Properties in preference to every other claimant whatsoever. In addition, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the CollateralMortgages, any equitable right otherwise available to Borrower Borrowers which would require the separate sale of the Collateral with respect to each Mortgage Borrower Properties or require Lender the Lenders to exhaust its their remedies against any the Collateral with respect to each Mortgage Borrower Properties or any combination of such the Collateral Properties before proceeding against any other Collateral with respect to one Property or more Mortgage Borrowerscombination of Collateral Properties; and further in the event of such 180 foreclosure Borrower does Borrowers hereby expressly consent to and authorize, at the option of Lenderthe Lenders, the foreclosure and sale either separately or together of any combination of the CollateralCollateral Properties.