Common use of Waiver of Right of Redemption and Other Rights Clause in Contracts

Waiver of Right of Redemption and Other Rights. Without limitation to anything contained herein, to the full extent permitted by law, Borrower agrees that it will not at any time or in any manner whatsoever take any advantage of any stay, exemption or extension law or any so-called "Moratorium Law" now or at any time hereafter in force, nor take any advantage of any law now or hereafter in force providing for the valuation or appraisement of the Property, or any part thereof, prior to any sale thereof to be made pursuant to any provisions herein contained, or to any decree, judgment or order of any court of competent jurisdiction; or claim or exercise any rights under any statute now or hereafter in force to redeem the property or any part thereof, or relating to the marshalling thereof, on foreclosure sale or other enforcement hereof. To the full extent permitted by law, Borrower hereby expressly waives any and all rights it may have to require that the Property be sold as separate tracts or units in the event of foreclosure. To the full extent permitted by law, Borrower hereby expressly waives any and all rights to redemption and reinstatement under 735 Illinois Compiled Statutes 5/15-1101 (the "Act"), on its own behalf, on behalf of all persons claiming or having an interest (direct or indirect) by, through or under Borrower and on behalf of each and every person acquiring any interest in or title to the Property subsequent to the date hereof, it being the intent hereof that any and all such rights of redemption of Borrower and such other persons, are and shall be deemed to be hereby waived to the full extent permitted by applicable law. To the full extent permitted by law, Borrower agrees that it will not, by invoking or utilizing any applicable law or laws or otherwise, hinder, delay or impede the exercise of any right, power or remedy herein or otherwise granted or delegated to Lender, but will permit the exercise of every such right, power and remedy as though no such law or laws have been or will have been made or enacted. To the full extent permitted by law, Borrower hereby agrees that no action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good and valid on an action at law upon the Note. If the Borrower is a trustee, Borrower represents that the provisions of this Section (including the waiver of redemption rights) were made at the express direction of Borrower's beneficiaries and the persons having the power of direction over Borrower and are made on behalf of the trust estate of Borrower and all beneficiaries of Borrower, as well as all other persons named above. Borrower acknowledges that the Property does not constitute agricultural real estate as defined in Section 15-1201of the Act or residential real estate as defined in Section 15-1219 of the Act.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Glimcher Realty Trust)

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Waiver of Right of Redemption and Other Rights. Without limitation to anything contained herein, to To the full extent permitted by law, Borrower Mortgagor hereby covenants and agrees that it will not at any time insist upon or plead, or in any manner whatsoever claim or take any advantage of of, any stay, exemption or extension law or any so-called "Moratorium Lawmoratorium law" now or at any time hereafter in force, nor claim, take or insist upon any benefit or advantage of or from any law now or hereafter in force providing for the valuation or appraisement of the PropertyPremises, or any part thereof, prior to any sale or sales thereof to be made pursuant to any provisions herein contained, or to any decree, judgment or order of any court of competent jurisdiction; or claim or exercise any rights under any statute now or hereafter in force to redeem the property property, or any part thereof, or relating to the marshalling marshaling thereof, on upon foreclosure sale or other enforcement hereof. To the full extent permitted by law, Borrower hereby expressly waives any and all rights it may have to require that the Property be sold as separate tracts or units in the event of foreclosure. To the full extent permitted by law, Borrower Mortgagor hereby expressly waives any and all rights to redemption reinstatement and reinstatement under 735 Illinois Compiled Statutes 5/15-1101 (the "Act")redemption, on its own behalf, on behalf of all persons Persons claiming or having an interest (direct or indirect) by, through or under Borrower Mortgagor and on behalf of each and every person Person acquiring any interest in or title to the Property Premises subsequent to the date hereof, it being the intent hereof that any and all such rights of reinstatement and redemption of Borrower Mortgagor and such other personsPersons, are and shall be deemed to be hereby waived to the full extent permitted by applicable law. To the full extent permitted by law, Borrower agrees that it will not, by invoking Mortgagor hereby waives any statute of limitations applicable to this Mortgage or utilizing any applicable law or laws or otherwise, hinder, delay or impede the exercise of any right, power or remedy herein or otherwise granted or delegated to Lender, but will permit the exercise of every such right, power and remedy as though no such law or laws have been or will have been made or enacted. To the full extent permitted by law, Borrower hereby agrees that no action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good and valid on an action at law upon the Note. If the Borrower is a trustee, Borrower represents that the provisions of this Section (including the waiver of redemption rights) were made at the express direction of Borrower's beneficiaries and the persons having the power of direction over Borrower and are made on behalf of the trust estate of Borrower and all beneficiaries of Borrower, as well as all other persons named above. Borrower acknowledges that the Property does not constitute agricultural real estate as defined in Section 15-1201of the Act or residential real estate as defined in Section 15-1219 of the ActDebt Documents.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Gp Strategies Corp)

Waiver of Right of Redemption and Other Rights. Without limitation to anything contained herein, to the full extent permitted by law, Borrower agrees that it will not at any time or in any manner whatsoever take any advantage of any stay, exemption or extension law or any so-called "Moratorium Law" now or at any time hereafter in force, nor take any advantage of any law now or hereafter in force providing for the valuation or appraisement of the Property, or any part thereof, prior to any sale thereof to be made pursuant to any provisions herein contained, or to any decree, judgment or order of any court of competent jurisdiction; or claim or exercise any rights under any statute now or hereafter in force to redeem the property or any part thereof, or relating to the marshalling thereof, on foreclosure sale or other enforcement hereof. To the full extent permitted by law, Borrower (a) Mortgagor and each Beneficial Owner hereby expressly waives any voluntarily and all rights it may have to require that the Property be sold as separate tracts or units in the event of foreclosure. To the full extent permitted by law, Borrower hereby expressly knowingly releases and waives any and all rights to retain possession of the Mortgaged Property after the occurrence of an Event of Default hereunder and any and all rights of redemption and reinstatement from sale under any order or decree of foreclosure (whether full or partial), pursuant to rights therein granted, as allowed under the Illinois Mortgage Foreclosure Law (735 Illinois Compiled Statutes ILCS 5/15-1101 et seq.), as amended from time to time (the "Act"), on its own behalf, on behalf of all persons claiming or having an interest (direct or indirectindirectly) by, through or under Borrower each constituent of Mortgagor and on behalf of each and every person acquiring any interest in or title to the Mortgaged Property subsequent to the date hereof, it being the intent hereof that any and all such rights of or redemption of Borrower each constituent of Mortgagor and all such other persons, persons are and shall be deemed to be hereby waived to the full fullest extent permitted by applicable lawlaw or replacement statute. To the full extent permitted by law, Borrower agrees that it will not, by invoking Each constituent of Mortgagor shall not invoke or utilizing utilize any applicable such law or laws or otherwise, otherwise hinder, delay delay, or impede the exercise execution of any right, power power, or remedy herein or otherwise granted or delegated to Lenderthe Mortgagee, but will shall permit the exercise execution of every such right, power power, and remedy as though no such law or laws have been or will have had been made or enacted. To the full extent permitted by law, Borrower hereby agrees that no action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good Mortgagor represents and valid on an action at law upon the Note. If the Borrower is a trustee, Borrower represents warrants that the provisions of this Section (including the waiver of redemption rights) were made at the express direction of Borrower's beneficiaries and the persons having the power of direction over Borrower and are made on behalf of the trust estate of Borrower and all beneficiaries of Borrower, as well as all other persons named above. Borrower acknowledges that the Property Real Estate does not constitute agricultural real estate as defined in Section 15-1201of the Act or residential real estate as defined in Section 15-1219 of under the Act.

Appears in 1 contract

Samples: Day International Group Inc

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Waiver of Right of Redemption and Other Rights. Without limitation to anything contained herein, to To the full extent permitted by law, Borrower agrees that it will not at any time or in any manner whatsoever take any advantage of any stay, exemption or extension law or any so-called "Moratorium Law" now or at any time hereafter in force, nor take any advantage of any law now or hereafter in force providing for the valuation or appraisement of the Mortgaged Property, or any part thereof, prior to any sale thereof to be made pursuant to any provisions herein contained, or to any decree, judgment or order of any court of competent jurisdiction; or after such sale claim or exercise any rights under any statute now or hereafter in force to redeem the property so sold, or any part thereof, or relating to the marshalling thereof, on upon foreclosure sale or other enforcement hereof. To the full extent permitted by law, Borrower hereby expressly waives any and all rights it may have to require that the Property Premises be sold as separate tracts or units in the event of foreclosure. To the full extent permitted by law, Borrower hereby expressly waives any and all rights to of redemption and reinstatement under 735 Illinois Compiled Statutes 5/15-1101 (the "Act"), on its own behalf, on behalf of all persons claiming or having an interest (direct or indirect) by, through or under Borrower and on behalf of each and every person acquiring any interest in or title to the Property Premises subsequent to the date hereof, it being the intent hereof that any and all such rights of redemption of Borrower and such other persons, are and shall be deemed to be hereby waived to the full extent permitted by applicable law. To the full extent permitted by law, Borrower agrees that it will not, by invoking or utilizing any applicable law or laws or otherwise, hinder, delay or impede the exercise of any right, power or remedy herein or otherwise granted or delegated to Lender, but will permit the exercise of every such right, power and remedy as though no such law or laws have been or will have been made or enacted. To the full extent permitted by law, Borrower hereby agrees that no action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good and valid on in an action at law upon the Note. If the Borrower is a trustee, Borrower represents that the provisions of this Section (including the waiver of redemption rights) were made at the express direction of Borrower's beneficiaries and the persons having the power of direction over Borrower and are made on behalf of the trust estate of Borrower and all beneficiaries of Borrower, as well as all other persons named above. Borrower acknowledges that the Property does not constitute agricultural real estate as defined in Section 15-1201of the Act or residential real estate as defined in Section 15-1219 of the Act.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Financing Statement (Alexanders Inc)

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