Common use of Waiver of Statutory Rights Clause in Contracts

Waiver of Statutory Rights. MORTGAGOR SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, STAY, EXTENSION, OR EXEMPTION LAWS, OR ANY SO-CALLED “MORATORIUM LAWS,” NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THIS MORTGAGE, AND MORTGAGOR HEREBY WAIVES THE BENEFIT OF SUCH LAWS. MORTGAGOR, FOR ITSELF AND ALL WHO MAY CLAIM THROUGH OR UNDER IT, WAIVES ANY AND ALL RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL MARSHALED UPON ANY FORECLOSURE OF THE LIEN AND SECURITY INTEREST OF THIS MORTGAGE, AND AGREES THAT THE COLLATERAL MAY BE SOLD IN ITS ENTIRETY OR IN SUCH PARTS AS MORTGAGEE MAY ELECT. MORTGAGOR EXPRESSLY ACKNOWLEDGES THE RIGHT OF MORTGAGEE TO ACCELERATE THE INDEBTEDNESS SECURED HEREBY AS PROVIDED HEREIN AND IN THE CREDIT AGREEMENT AND THE POWER GIVEN HEREIN TO MORTGAGEE TO SELL THE COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS MORTGAGE OR THE OTHER LOAN DOCUMENTS OR THE LAWS OF THE STATE OF MINNESOTA.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

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Waiver of Statutory Rights. MORTGAGOR GRANTOR SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, REDEMPTION, STAY, EXTENSION, OR EXEMPTION LAWS, OR ANY SO-CALLED “MORATORIUM LAWS,” NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THIS MORTGAGEDEED, AND MORTGAGOR GRANTOR HEREBY WAIVES THE BENEFIT OF SUCH LAWS. MORTGAGORGRANTOR, FOR ITSELF AND ALL WHO MAY CLAIM THROUGH OR UNDER IT, WAIVES ANY AND ALL RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL MARSHALED UPON ANY FORECLOSURE OF THE LIEN LIEN, SECURITY TITLE AND SECURITY INTEREST OF THIS MORTGAGEDEED, AND AGREES THAT THE COLLATERAL MAY BE SOLD IN ITS ENTIRETY OR IN SUCH PARTS AS MORTGAGEE GRANTEE MAY ELECT. MORTGAGOR GRANTOR FURTHER WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM FORECLOSURE, IF ANY, FOR ITSELF AND ON BEHALF OF: (I) ANY TRUST ESTATE OF WHICH THE COLLATERAL IS A PART; (II) ALL BENEFICIALLY INTERESTED PERSONS; (III) EACH AND EVERY PERSON ACQUIRING ANY INTEREST IN OR TITLE TO THE COLLATERAL SUBSEQUENT TO THE DATE OF THIS DEED; AND (IV) ALL OTHER PERSONS TO THE EXTENT PERMITTED BY THE PROVISIONS OF LAWS OF THE STATE IN WHICH THE COLLATERAL IS LOCATED. GRANTOR EXPRESSLY ACKNOWLEDGES THE RIGHT OF MORTGAGEE GRANTEE TO ACCELERATE THE INDEBTEDNESS SECURED HEREBY AS PROVIDED HEREIN AND IN THE SECOND LIEN CREDIT AGREEMENT AND THE POWER OF ATTORNEY GIVEN HEREIN TO MORTGAGEE GRANTEE TO SELL THE COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS MORTGAGE DEED OR THE OTHER LOAN DOCUMENTS OR THE LAWS OF THE STATE OF MINNESOTADOCUMENTS.

Appears in 1 contract

Samples: Second Lien Term Loan and Guaranty Agreement (Delta Air Lines Inc /De/)

Waiver of Statutory Rights. THE MORTGAGOR SHALL NOT AND WILL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, STAY, EXTENSION, EXTENSION OR EXEMPTION LAWS, OR ANY SO-CALLED "MORATORIUM LAWS," NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THIS MORTGAGE, AND MORTGAGOR BUT HEREBY WAIVES WAlVES THE BENEFIT OF SUCH LAWSLAWS TO THE FULL EXTENT THAT THE MORTGAGOR MAY DO SO UNDER APPLICABLE LAW. MORTGAGOR, THE MORTGAGOR FOR ITSELF AND ALL WHO MAY CLAIM THROUGH OR UNDER IT WAIVES ANY AND ALL RIGHT TO HAVE THE PROPERTY AND ESTATES COMPRISING THE MORTGAGED PROPERTY MARSHALLED UPON ANY FORECLOSURE OF THE LIEN OF THIS MORTGAGE AND AGREES THAT ANY COURT HAVING JURISDICTION TO FORECLOSE SUCH LIEN MAY ORDER THE MORTGAGED PROPERTY SOLD AS AN ENTIRETY. THE MORTGAGOR HEREBY WAIVES FOR ITSELF AND ALL WHO MAY CLAIM THROUGH OR UNDER IT, WAIVES AND TO THE FULL EXTENT THE MORTGAGOR MAY DO SO UNDER APPLICABLE LAW, ANY AND ALL RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL MARSHALED UPON OF REDEMPTION FROM SALE UNDER ANY ORDER OF DECREE OF FORECLOSURE OF THE LIEN AND SECURITY INTEREST OF THIS MORTGAGE, AND AGREES THAT THE COLLATERAL MAY BE SOLD IN ITS ENTIRETY OR IN SUCH PARTS AS MORTGAGEE MAY ELECT. MORTGAGOR EXPRESSLY ACKNOWLEDGES THE RIGHT OF MORTGAGEE TO ACCELERATE THE INDEBTEDNESS SECURED HEREBY AS PROVIDED HEREIN AND IN THE CREDIT AGREEMENT AND THE POWER GIVEN HEREIN TO MORTGAGEE TO SELL THE COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS MORTGAGE OR THE OTHER LOAN DOCUMENTS GRANTED UNDER ANY STATUTE NOW EXISTING OR THE LAWS OF THE STATE OF MINNESOTAHEREAFTER ENACTED.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Boreal Water Collection Inc.)

Waiver of Statutory Rights. MORTGAGOR SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, REDEMPTION, STAY, EXTENSION, OR EXEMPTION LAWS, OR ANY SO-CALLED “MORATORIUM LAWS,” NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THIS MORTGAGE, AND MORTGAGOR HEREBY WAIVES THE BENEFIT OF SUCH LAWS. MORTGAGOR, FOR ITSELF AND ALL WHO MAY CLAIM THROUGH OR UNDER IT, WAIVES ANY AND ALL RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL PROPERTY MARSHALED UPON ANY FORECLOSURE OF THE LIEN AND SECURITY INTEREST OF THIS MORTGAGE, AND AGREES THAT ANY COURT HAVING JURISDICTION TO FORECLOSE SUCH LIEN MAY ORDER THE COLLATERAL MAY BE PROPERTY SOLD IN ITS ENTIRETY OR IN SUCH PARTS AS MORTGAGEE MAY ELECTENTIRETY. MORTGAGOR EXPRESSLY ACKNOWLEDGES FURTHER WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM FORECLOSURE AND FROM SALE UNDER ANY ORDER OR DECREE OF FORECLOSURE OF THE RIGHT LIEN CREATED BY THIS MORTGAGE, FOR ITSELF AND ON BEHALF OF: (i) ANY TRUST ESTATE OF MORTGAGEE TO ACCELERATE WHICH THE INDEBTEDNESS SECURED HEREBY AS PROVIDED HEREIN PREMISES ARE A PART, ALL BENEFICIALLY INTERESTED PERSONS; (ii) EACH AND EVERY PERSON ACQUIRING ANY INTEREST IN THE CREDIT AGREEMENT AND PROPERTY OR TITLE TO THE POWER GIVEN HEREIN PREMISES SUBSEQUENT TO MORTGAGEE TO SELL THE COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS DATE OF THIS MORTGAGE OR MORTGAGE; AND (iii) ALL OTHER PERSONS TO THE OTHER LOAN DOCUMENTS OR THE LAWS OF THE STATE OF MINNESOTAEXTENT PERMITTED BY ILLINOIS LAW.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Innovative Food Holdings Inc)

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Waiver of Statutory Rights. MORTGAGOR BORROWER SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, STAY, EXTENSION, EXTENSION OR EXEMPTION LAWS, OR ANY SO-CALLED “MORATORIUM LAWS,” SIMILAR LAWS NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THIS MORTGAGETHE LOAN DOCUMENTS, AND MORTGAGOR BUT HEREBY WAIVES THE BENEFIT OF SUCH LAWSLAWS TO THE FULL EXTENT THAT IT MAY DO SO UNDER APPLICABLE LAW. MORTGAGOR, FOR ITSELF AND ALL WHO MAY CLAIM THROUGH OR UNDER IT, BORROWER HEREBY WAIVES ANY AND ALL RIGHTS RIGHT TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL MARSHALED UPON ANY FORECLOSURE OF THE LIEN AND SECURITY INTEREST OF THIS MORTGAGE, AND AGREES THAT ANY COURT HAVING JURISDICTION OVER ANY EXERCISE OF LENDER’S REMEDIES MAY ORDER THE COLLATERAL MAY BE SOLD IN ITS AS AN ENTIRETY OR IN SUCH PARTS AS MORTGAGEE SEPARATE PARTS. BORROWER HEREBY WAIVES, TO THE FULL EXTENT IT MAY ELECT. MORTGAGOR EXPRESSLY ACKNOWLEDGES THE RIGHT DO SO OR NOT PROHIBITED UNDER APPLICABLE LAW, ANY AND ALL RIGHTS OF MORTGAGEE TO ACCELERATE THE INDEBTEDNESS SECURED HEREBY AS PROVIDED HEREIN AND IN THE CREDIT AGREEMENT AND THE POWER GIVEN HEREIN TO MORTGAGEE TO SELL THE COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE REDEMPTION FROM SALE UNDER ANY ORDER OR DECREE OF AN EVENT OF DEFAULT WITHOUT FORECLOSURE, UCC AUCTION OR UNDER ANY JUDICIAL HEARING AND WITHOUT PUBLIC OR PRIVATE SALE PERMITTED UNDER ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS MORTGAGE APPLICABLE LAW NOW EXISTING OR THE OTHER LOAN DOCUMENTS OR THE LAWS OF THE STATE OF MINNESOTAHEREAFTER ENACTED.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

Waiver of Statutory Rights. MORTGAGOR GRANTOR SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, REDEMPTION, STAY, EXTENSION, OR EXEMPTION LAWS, OR ANY SO-CALLED “MORATORIUM LAWS,” NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THIS MORTGAGEDEED, AND MORTGAGOR GRANTOR HEREBY WAIVES THE BENEFIT OF SUCH LAWS. MORTGAGORGRANTOR, FOR ITSELF AND ALL WHO MAY CLAIM THROUGH OR UNDER IT, WAIVES ANY AND ALL RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE DEED COLLATERAL MARSHALED UPON ANY FORECLOSURE OF THE LIEN LIEN, SECURITY TITLE AND SECURITY INTEREST OF THIS MORTGAGEDEED, AND AGREES THAT THE DEED COLLATERAL MAY BE SOLD IN ITS ENTIRETY OR IN SUCH PARTS AS MORTGAGEE GRANTEE MAY ELECT. MORTGAGOR GRANTOR FURTHER WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM FORECLOSURE, IF ANY, FOR ITSELF AND ON BEHALF OF: (I) ANY TRUST ESTATE OF WHICH THE DEED COLLATERAL IS A PART; (II) ALL BENEFICIALLY INTERESTED PERSONS; (III) EACH AND EVERY PERSON ACQUIRING ANY INTEREST IN OR TITLE TO THE DEED COLLATERAL SUBSEQUENT TO THE DATE OF THIS DEED; AND (IV) ALL OTHER PERSONS TO THE EXTENT PERMITTED BY THE PROVISIONS OF LAWS OF THE STATE IN WHICH THE DEED COLLATERAL IS LOCATED. GRANTOR EXPRESSLY ACKNOWLEDGES THE RIGHT OF MORTGAGEE GRANTEE TO ACCELERATE THE INDEBTEDNESS SECURED HEREBY AS PROVIDED HEREIN AND IN THE CREDIT AGREEMENT AND THE POWER OF ATTORNEY GIVEN HEREIN TO MORTGAGEE GRANTEE TO SELL THE DEED COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS MORTGAGE DEED OR THE OTHER LOAN DOCUMENTS OR THE LAWS OF THE STATE OF MINNESOTADOCUMENTS.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

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