Waiver of Marshalling. Notwithstanding the existence of any other security interest in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 10 contracts
Samples: Deed of Trust, Assignment of Rents and Security Agreement (Strategic Storage Trust VI, Inc.), Deed of Trust (First Potomac Realty Trust), Mortgage, Assignment of Rents and Security Agreement (Gladstone Commercial Corp)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness Indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 4 contracts
Samples: Security Agreement, Deed of Trust (Us Home Systems Inc /Tx), Commercial Deed of Trust, Security Agreement, Assignment of Leases and Rents, Financing Statement and Fixture Filing (Western Express Holdings, Inc.)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. BorrowerGrantor, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 2 contracts
Samples: Indemnity Deed of Trust (Town & Country Trust), Deed of Trust (Town & Country Trust)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the 151 right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereof, hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 2 contracts
Samples: Credit Agreement (Best Lock Corp), Credit Agreement (Best Universal Lock Co)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument Instrument, and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby hereby, waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Deed of Trust, Assignment of Rents and Security Agreement (Ca Short Co)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness Indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Mortgage, Security Agreement, and Assignment of Leases and Rents (Michael Anthony Jewelers Inc)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. , Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party part who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Multifamily Mortgage, Assignment of Rents and Security Agreement (Maxus Realty Trust Inc)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Trustee or Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected 'to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument Instrument, and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby hereby, waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Long Form Deed of Trust, Assignment of Rents and Security Agreement (Glimcher Realty Trust)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument Instrument, and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein, to the extent permitted by applicable law.
Appears in 1 contract
Samples: Deed of Trust, Assignment of Rents and Security Agreement (Glimcher Realty Trust)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions portion of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Waiver of Marshalling. Notwithstanding Norwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, . Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Deed of Trust (Apartment Investment & Management Co)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereof, hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Real Estate Mortgage (Oboisie Corp)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall have the right to determine the order in which any or all portions of or the indebtedness secured hereby are arc satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property Property, and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of or any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
Samples: Multifamily Mortgage, Assignment of Rents and Security Agreement (Maxus Realty Trust Inc)
Waiver of Marshalling. Notwithstanding the existence of any other security interest interests in the Property held by Lender Xxxx or by any other party, Lender Xxxx shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein. Lender Xxxx shall have the right to determine the order in which any or all portions of the indebtedness Indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
Appears in 1 contract
