Waiver of Marshalling of Assets. To the fullest extent Borrower may legally do so, Borrower waives all rights to a marshalling of the assets of Borrower, Borrower's partners, if any, and others with interests in Borrower, and of Borrower's properties, 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 the Property for the collection of the related indebtedness without any prior or different resort for collection, of the right of Lender or any deed of trust trustee to the payment of the related indebtedness out of the net proceeds of the Property in preference to every other claimant whatsoever.
Appears in 5 contracts
Samples: Loan Agreement (Banyan Strategic Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)
Waiver of Marshalling of Assets. To the fullest extent Borrower Borrowers may legally do so, Borrower waives Borrowers waive all rights to a marshalling of the assets of BorrowerBorrowers, Borrower's partners, if anyBorrowers' partners and/or members, and others with interests in BorrowerBorrowers, and of Borrower's Borrowers' properties, 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 the Property Properties for the collection of the related indebtedness without any prior or different resort for collection, of the right of Lender or any deed of trust trustee to the payment of the related indebtedness out of the net proceeds of the Property Properties in preference to every other claimant whatsoever.
Appears in 3 contracts
Samples: Loan Agreement (Prime Retail Lp), Loan Agreement (Prime Retail Lp), Loan Agreement (Horizon Group Properties Inc)
Waiver of Marshalling of Assets. To the fullest extent Borrower Borrowers may legally do so, each Borrower waives all rights to a marshalling of the assets of BorrowerBorrowers, Borrower's Borrowers’ partners, if any, and others with interests in BorrowerBorrowers, and of Borrower's propertiesthe Properties, 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 one or more of the Property Properties for the collection of the related indebtedness Debt without any prior or different resort for collection, of the right of Lender or any deed of trust trustee to the payment of the related indebtedness Debt out of the net proceeds of the Property 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 Pledge, any equitable right otherwise available to any Borrower which would require the separate sale of portions of any Ownership Interest.
Appears in 2 contracts
Samples: Second Mezzanine Loan Agreement (Strategic Hotel Capital Inc), First Mezzanine Loan Agreement (Strategic Hotel Capital Inc)
Waiver of Marshalling of Assets. To the fullest extent Borrower may legally do so, Borrower waives all rights to a marshalling of the assets of such Borrower, such Borrower's partners, if any, and others with interests in Borrower, and of such Borrower's propertiesProperty, 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 the Property for the collection of the related indebtedness Indebtedness without any prior or different resort for collection, of or the right of Lender or any deed of trust trustee to the payment of the related indebtedness Indebtedness out of the net proceeds of the Property in preference to every other claimant whatsoever.
Appears in 2 contracts
Samples: Loan Agreement (Servico Market Center Inc), Loan Agreement (Servico Market Center Inc)
Waiver of Marshalling of Assets. To the fullest extent Borrower Borrowers may legally do so, each Borrower waives all rights to a marshalling of the assets of such Borrower, such Borrower's partners, if any, and others with interests in Borrower, and of such Borrower's propertiesIndividual Property, and to a marshalling of the assets of any other Borrower, its partners or others with interests therein and of the other Properties, 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 the Property applicable Individual Properties for the collection of the related indebtedness Indebtedness without any prior or different resort for collection, of or the right of Lender or any deed of trust trustee to the payment of the related indebtedness Indebtedness out of the net proceeds of the Individual Property in preference to every other claimant whatsoever.
Appears in 2 contracts
Samples: Loan Agreement (Lodgian Inc), Loan Agreement (Servico Market Center Inc)
Waiver of Marshalling of Assets. To the fullest extent Borrower Borrowers may legally do so, each Borrower waives all rights to a marshalling of the assets of BorrowerBorrowers, Borrower's Borrowers’ partners, if any, and others with interests in BorrowerBorrowers, and of Borrower's propertiesthe Properties, 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 one or more of the Property Properties for the collection of the related indebtedness Debt without any prior or different resort for collection, of the right of Lender or any deed of trust trustee to the payment of the related indebtedness Debt out of the net proceeds of the Property 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 Mortgage, any equitable right otherwise available to any Borrower which would require the separate sale of portions of a Property.
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Waiver of Marshalling of Assets. To the fullest extent Borrower may legally do so, Borrower waives all rights to a marshalling of the assets of Borrower, Borrower's ’s partners, if any, and others with interests in Borrower, and of Borrower's propertiesthe 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 one or more of the Property for the collection of the related indebtedness Debt without any prior or different resort for collection, of the right of Lender or any deed of trust trustee to the payment of the related indebtedness Debt out of the net proceeds of the 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 Mortgage, any equitable right otherwise available to Borrower which would requpire the separate sale of portions of the Property.
Appears in 1 contract
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC)
Waiver of Marshalling of Assets. To the fullest extent Borrower may legally do so, Borrower waives all rights to a marshalling of the assets of Borrower, Borrower's ’s partners, if any, and others with interests in Borrower, and of Borrower's propertiesthe 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 the Property for the collection of the related indebtedness Debt without any prior or different resort for collection, of the right of Lender or any deed of trust trustee to the payment of the related indebtedness Debt out of the net proceeds of the 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 the Mortgage, any equitable right otherwise available to Borrower which would require the separate sale of portions of the Property.
Appears in 1 contract
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC)
Waiver of Marshalling of Assets. To the fullest extent Borrower Borrowers may legally do so, each Borrower waives all rights to a marshalling of the assets of BorrowerBorrowers, Borrower's Borrowers' partners, if any, and others with interests in BorrowerBorrowers, and of Borrower's propertiesthe Properties, 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 one or more of the Property Properties for the collection of the related indebtedness Debt without any prior or different resort for collection, of the right of Lender or any deed of trust trustee to the payment of the related indebtedness Debt out of the net proceeds of the Property 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 Mortgage, any equitable right otherwise available to any Borrower which would require the separate sale of portions of a Property.
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Waiver of Marshalling of Assets. To the fullest extent Borrower may legally do so, Borrower waives all rights to a marshalling of the assets of Borrower, Borrower's partners, if any, and others with interests in Borrower, and of Borrower's properties, 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 the Property Properties for the collection of the related indebtedness without any prior or different resort for collection, of the right of Lender or any deed of trust trustee to the payment of the related indebtedness out of the net proceeds of the Property Properties in preference to every other claimant whatsoever.
Appears in 1 contract
Samples: Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)