Waiver of Right of Redemption and Other Rights. 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 Premises, or any part thereof, prior to any foreclosure 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 Premises 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 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 redemption and reinstatement under 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 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, by invoking or utilizing any applicable law or laws or otherwise, it will not 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 in an action at law upon the Note. If the Borrower is a trustee, Borrower represents that the provisions of this Paragraph 23 (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 Premises do not constitute agricultural real estate as defined in Section 15-1201 of the Act or residential real estate as defined in Section 15-1219 of the Act.
Appears in 1 contract
Samples: Leasehold Mortgage (Mutual Benefit Chicago Marriott Suite Hotel Partners L P)
Waiver of Right of Redemption and Other Rights. To 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- 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 PremisesProperty, or any part thereof, prior to any foreclosure 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 Premises 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 Premises 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 Premises 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 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 thatthat it will not, by invoking or utilizing any applicable law or laws or otherwise, it will not 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 in on an action at law upon the Note. If the Borrower is a trustee, Borrower represents that the provisions of this Paragraph 23 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 Premises do Property does not constitute agricultural real estate as defined in Section 15-1201 of 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)
Waiver of Right of Redemption and Other Rights. To the full extent ---------------------------------------------- permitted by law, Borrower hereby covenants and agrees that it will not at any time time: (a) 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- so-called "Moratorium Law" “moratorium law” now or at any time hereafter in force; or (b) claim, nor 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 PremisesProperty, or any part thereof, prior to any foreclosure sale or sales thereof to be made pursuant to any provisions herein contained, contained or prior to any decree, judgment or order of any court of competent jurisdiction; or (c) claim or exercise any rights under any statute now or hereafter in force to redeem the Premises 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 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 reinstatement and all rights to redemption and reinstatement under the Actredemption, 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 Premises Property subsequent to the date hereof, it being the intent hereof that any and all such rights of reinstatement and 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 hereby waives any statute of limitations applicable to this Security Instrument or the other Loan Documents. To the full extent permitted by law, Borrower agrees thatthat it will not, by invoking or utilizing any applicable law or laws or otherwise, it will not hinder, delay or impede the exercise of any right, power or remedy herein or otherwise granted or delegated to LenderLender or Trustee, but will suffer and 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 in an action at law upon the Note. If the Borrower is a trustee, Borrower represents that the provisions of this Paragraph 23 (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 Premises do not constitute agricultural real estate as defined in Section 15-1201 of the Act or residential real estate as defined in Section 15-1219 of the Act.
Appears in 1 contract
Waiver of Right of Redemption and Other Rights. 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- 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 Premises, or any part thereof, prior to any foreclosure 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 Premises 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 Premises 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 the Actredemption, 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 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 persons 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, by invoking Mortgagor hereby waives any statute of limitations applicable to this Mortgage or utilizing any applicable law or laws or otherwise, it will not 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 in an action at law upon the Note. If the Borrower is a trustee, Borrower represents that the provisions of this Paragraph 23 (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 Premises do not constitute agricultural real estate as defined in Section 15-1201 of the Act or residential real estate as defined in Section 15-1219 of the ActDebt Documents.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Assignment of Leases (Gp Strategies Corp)
Waiver of Right of Redemption and Other Rights. 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- so-called "Moratorium Law" moratorium 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 Premises, or any part thereof, prior to any foreclosure 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 Premises property, or any part thereof, or relating to the marshalling marshaling thereof, on upon foreclosure sale or other enforcement hereof. To the full fullest extent permitted by law, Borrower hereby expressly waives any and all rights it may have to require that the Premises 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 the Actredemption, on its own behalf, on behalf of all persons claiming or having an interest (direct or indirect) by, through or under Borrower Mortgagor and on behalf of each and every person acquiring any interest in or title to the 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 persons persons, are and shall be deemed to be hereby waived to the full fullest extent permitted by applicable law. To the full fullest extent permitted by law, Borrower Mortgagor hereby waives any statute of limitations applicable to this Mortgage or the other Loan Documents. To the fullest extent permitted by law, Mortgagor agrees thatthat it will not, by invoking or utilizing any applicable law or laws or otherwise, it will not hinder, delay or impede the exercise of any right, power or remedy herein or otherwise granted or delegated to LenderMortgagee, but will suffer and 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 fullest extent permitted by law, Borrower Mortgagor hereby agrees that no action for the enforcement of the consolidated lien of the Existing Mortgages, as amended and restated by this Mortgage or any provision hereof shall be subject to any defense which would not be good and valid in an action at law upon the Note. If the Borrower is a trustee, Borrower represents that the provisions of this Paragraph 23 (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 Premises do not constitute agricultural real estate as defined in Section 15-1201 of the Act or residential real estate as defined in Section 15-1219 of the Act.
Appears in 1 contract
Waiver of Right of Redemption and Other Rights. 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- 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 PremisesMortgaged Property, or any part thereof, prior to any foreclosure 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 Premises 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 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 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 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 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 thatthat it will not, by invoking or utilizing any applicable law or laws or otherwise, it will not 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 in an action at law upon the Note. If the Borrower is a trustee, Borrower represents that the provisions of this Paragraph 23 (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 Premises do not constitute agricultural real estate as defined in Section 15-1201 of 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)
Waiver of Right of Redemption and Other Rights. 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 Premises, or any part thereof, prior to any foreclosure 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 Premises 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) Grantor hereby expressly waives any voluntarily and all rights it may have to require that the Premises 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 Trust Property after the occurrence of an Event of Default and any and all rights of redemption and reinstatement from sale under the Actany order or decree of foreclosure (whether full or partial), pursuant to any statutory or common law or right, on its own behalf, on behalf of all persons claiming or having an interest (direct or indirectindirectly) by, through or under Borrower Grantor and on behalf of each and every person acquiring any interest in or title to the Premises Trust Property subsequent to the date hereof, it being the intent hereof that any and all such rights of redemption of Borrower Grantor and all such other persons are and shall be deemed to be hereby waived to the full fullest extent permitted by applicable law. To the full extent permitted by law, Borrower agrees that, by invoking Grantor shall not invoke or utilizing utilize any applicable such law or laws or otherwise, it will not otherwise hinder, delay delay, or impede the exercise execution of any right, power power, or remedy herein or otherwise granted or delegated to LenderBeneficiary or Trustee, 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. .
(b) To the full fullest extent permitted by law, Borrower hereby agrees Grantor waives the benefit of all laws now existing or that no action may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Trust Property, (ii) any extension of the time for the enforcement of the lien collection of the Obligations or the creation or extension of a period of redemption from any provision hereof shall be subject to sale made in collecting the Obligations and (iii) exemption of the Trust Property from attachment, levy or sale under execution or exemption from civil process. To the fullest extent Grantor may lawfully do so, Grantor agrees that Grantor will not at any defense which would not be good and valid time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in an action at law upon the Note. If the Borrower is a trusteeforce providing for any appraisement, Borrower represents that the provisions valuation, stay, exemption, extension or redemption, or requiring foreclosure of this Paragraph 23 (including Deed Of Trust before exercising any other remedy granted hereunder and Grantor, for Grantor and its successors and assigns, and for any and all persons ever claiming any interest in the waiver Trust Property, to the extent permitted by law, hereby waives and releases all rights of redemption rights) were made at redemption, valuation, appraisement, stay of execution, notice of election to mature or declare due the express direction Obligations and marshalling in the event of Borrower's beneficiaries and the persons having the power of direction over Borrower and are made on behalf foreclosure of the trust estate of Borrower and all beneficiaries of Borrower, as well as all other persons named above. Borrower acknowledges that the Premises do not constitute agricultural real estate as defined in Section 15-1201 of the Act or residential real estate as defined in Section 15-1219 of the Actliens hereby created.
Appears in 1 contract
Samples: Deed of Trust (New Cf&i Inc)
Waiver of Right of Redemption and Other Rights. 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 Premises, or any part thereof, prior to any foreclosure 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 Premises 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 Premises 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 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 Premises 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 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, by invoking Each constituent of Mortgagor shall not invoke or utilizing utilize any applicable such law or laws or otherwise, it will not 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. Mortgagor represents and warrants that the Real Estate does not constitute agricultural real estate or residential real estate under the Act.
(b) To the full fullest extent permitted by law, Borrower hereby agrees Mortgagor waives the benefit of all laws now existing or that no action may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Mortgaged Property, (ii) any extension of the time for the enforcement of the lien collection of the Indebtedness or the creation or extension of a period of redemption from any provision hereof shall be subject to sale made in collecting such debt and (iii) exemption of the Mortgaged Property from attachment, levy or sale under execution or exemption from civil process. To the full extent Mortgagor may do so, Mortgagor agrees that Mortgagor will not at any defense which would not be good and valid time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in an action at law upon the Note. If the Borrower is a trusteeforce providing for any appraisement, Borrower represents that the provisions valuation, stay, exemption, extension or redemption, or requiring foreclosure of this Paragraph 23 (including Mortgage before exercising any other remedy granted hereunder and Mortgagor, for Mortgagor and its successors and assigns, and for any and all persons ever claiming any interest in the waiver Mortgaged Property, to the extent permitted by law, hereby waives and releases all rights of redemption rights) were made at redemption, valuation, appraisement, stay of execution, notice of election to mature or declare due the express direction of Borrower's beneficiaries and the persons having the power of direction over Borrower and are made on behalf whole of the trust estate secured indebtedness and marshalling in the event of Borrower and all beneficiaries of Borrower, as well as all other persons named above. Borrower acknowledges that the Premises do not constitute agricultural real estate as defined in Section 15-1201 foreclosure of the Act or residential real estate as defined in Section 15-1219 of the Actliens hereby created.
Appears in 1 contract
Samples: Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc)