Common use of Waivers by Mortgagor Clause in Contracts

Waivers by Mortgagor. a) Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgage, the Credit Agreement or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statute, law, stay, moratorium, appraisal or valuation law, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead, or in any manner whatsoever, claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal of the Property prior to any sale or sales thereof which may be made pursuant to any provisions herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Property or any other property, real or personal, or any part of the proceeds arising from any sale thereof from attachment, levy or sale under execution, (iii) provides for any stay of execution, moratorium, marshalling of assets, exemption from civil process, redemption or extension of time for payment, (iv) requires Mortgagee to institute proceedings prior to any sale of the Property or prior to exercising any other remedy afforded Mortgagee, hereunder in the event of an Event of Default, or (v) conflicts with or may affect, in a manner which may be adverse to Mortgagee, any provision, covenant, condition or term of this Mortgage, the Credit Agreement or any other Loan Document, nor shall Mortgagor at any time after any sale or sales of the Property pursuant to any provision herein claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Property or the portion thereof so sold. b) Mortgagor hereby waives the right, if any, to require any sale to be made in parcels, or the right, if any, to select parcels to be sold, and there shall be no requirement for marshalling of assets.

Waivers by Mortgagor. To the fullest extent permitted under applicable law, Mortgagor shall not assert, and hereby irrevocably waives, any right or defense Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (a) Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgagehomestead exemption, the Credit Agreement or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statuteextension, lawmoratorium, stay, moratoriumredemption, appraisal marshaling of the Mortgaged Property or valuation lawthe other assets of Mortgagor, regulation sale of the Mortgaged Property in any order or judicial decision whichnotice of deficiency or intention to accelerate any Secured Obligation, nor shall Mortgagor (b) impairment of any right of subrogation or reimbursement, (c) any requirement that at any time insist upon or pleadany action must be taken against any other party, or in any manner whatsoever, claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal portion of the Property prior to any sale or sales thereof which may be made pursuant to any provisions herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Mortgaged Property or any other property, real or personal, asset of Mortgagor or any part of the proceeds arising from any sale thereof from attachment, levy or sale under executionother party, (iiid) provides for any stay provision barring or limiting the right of execution, moratorium, marshalling Mortgagee to sell any Mortgaged Property after any other sale of assets, exemption from civil process, redemption any other Mortgaged Property or extension of time for paymentany other action against Mortgagor or any other party, (ive) requires any provision barring or limiting the recovery by Mortgagee to institute proceedings prior to of a deficiency after any sale of the Property or prior to exercising Mortgaged Property, (f) any other provision of applicable law which shall defeat, limit or adversely affect any right or remedy afforded Mortgageeof Mortgagee or any secured party under or with respect to this Instrument or any other Relevant Documents as it relates to any Mortgaged Property, hereunder (g) the right of Mortgagee to foreclose this Instrument in its own name on behalf of all of the event secured parties by judicial action as the real party in interest without the necessity of an Event of Defaultjoining any secured party, or (vh) conflicts the Guarantees, including, without limitation, notice of existence, creation or incurring of any new or additional indebtedness or obligation or of any action or non-action on the part of Mortgagor or the Issuer, Mortgagee or any Secured Creditor or on the part of any person whomsoever under the Intercreditor Agreement, this Instrument or any of the other Relevant Documents in connection with any obligation or may affect, in a manner which may be adverse to evidence of indebtedness held by Mortgagee, as Security Trustee for the Secured Creditors or held by any provision, covenant, condition or term of this Mortgage, the Credit Agreement or any other Loan Document, nor shall Mortgagor at any time after any sale or sales of the Property pursuant to any provision herein claim or exercise any right under any present or future statuteSecured Creditors. Appraisement of the Premises is hereby expressly waived, lawat the option of Mortgagee, stay, moratorium, regulation or judicial decision to redeem the Property or the portion thereof so sold. b) Mortgagor hereby waives the right, if any, to require any sale to be made in parcels, or the right, if any, to select parcels to be sold, and there which such option shall be no requirement for marshalling of assetsexecuted prior to the time any judgment is tendered at foreclosure.

Waivers by Mortgagor. a) Mortgagor hereby waives and releases, to the fullest extent permitted by law, (a) all errors technical errors, defects and imperfections in any proceedings instituted by Mortgagee under this Mortgage, the Credit Agreement or any other Loan Document and (b) all benefit benefits that might accrue to Mortgagor by virtue of any present or future statute of limitations or any other present or future statute, law, stay, moratorium, appraisal or valuation law, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead, or in any manner whatsoever, claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for laws exempting the valuation or appraisal of the Mortgaged Property prior to any sale or sales thereof which may be made pursuant to any provisions herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Property or any other property, real or personal, or any part of the proceeds arising from any sale thereof thereof, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment, (iiic) all notices not herein specifically required of Mortgagor's default or of Mortgagee's exercise, or election to exercise, any option under this Mortgage, (d) any other present or future law, regulation or judicial decision which provides for any stay of execution, moratorium, marshalling of assets, exemption from civil process, redemption or redemption, extension of time for payment, (iv) requires Mortgagee to institute proceedings prior to payment or valuation or appraisement of any sale of the Mortgaged Property and (e) any and all rights and equities of redemption from sale under the power of sale created under this Mortgage or prior from sale under any order or decree of foreclosure of this Mortgage and all notice or notices of seizure. No Waiver. No failure to exercise, no delay in exercising and no course of dealing with respect to, any power, remedy or right hereunder by Mortgagee shall operate as a waiver thereof, nor shall any single or partial exercise by Mortgagee of any power, remedy or right hereunder preclude any other or further exercise thereof or the exercise of any other power, remedy afforded or right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. Powers of Mortgagee, hereunder in the event of an Event of Default, . Mortgagee may at any time or (v) conflicts with from time to time renew or may affect, in a manner which may be adverse to Mortgagee, any provision, covenant, condition or term of extend this Mortgage, or agree with Mortgagor to alter the Credit Agreement same in any way, or waive any of the terms, covenants or conditions hereof in whole or in part and may release any portion of the Mortgaged Property or any other Loan Documentsecurity, nor shall Mortgagor at and grant such extensions and indulgences in relation to the Obligations as Mortgagee may determine without the consent of any time after junior lienor or encumbrancer and without any sale obligation to give notice of any kind thereto and without in any manner affecting the priority or sales the lien hereof on any part of the Property pursuant to any provision herein claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Property or the portion thereof so soldMortgaged Property. b) Mortgagor hereby waives the right, if any, to require any sale to be made in parcels, or the right, if any, to select parcels to be sold, and there shall be no requirement for marshalling of assets.

Waivers by Mortgagor. a(1) Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgage, the Credit Agreement Loan Agreement, the Note or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statute, law, stay, moratorium, appraisal or valuation law, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead, plead or in any manner whatsoever, whatsoever claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal of the Mortgaged Property prior to any sale or sales thereof which may be made pursuant to any provisions provision herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Mortgaged Property or any other property, real or personal, personal or any part of the proceeds arising from any sale thereof from attachment, levy or sale under execution, (iii) provides for homestead rights or exemptions or provides for any stay of execution, moratorium, marshalling marshaling of assets, exemption from civil process, reinstatement, redemption or extension of time for payment, (iv) requires Mortgagee to institute proceedings prior to any sale of in mortgage foreclosure against the Mortgaged Property or prior to before exercising any other remedy afforded Mortgagee, Mortgagee hereunder in the event of an Event of Default, (v) affects any of the terms, covenants, conditions or provisions of this Mortgage, or (vvi) conflicts with or may affect, in a manner which may be adverse to Mortgagee, any provision, covenant, condition or term of this Mortgage, the Credit Agreement Loan Agreement, the Note or any other Loan Document, nor shall Mortgagor at any time after any sale or sales of the Mortgaged Property pursuant to any provision herein herein, including, but without limiting the generality of the foregoing, after any sale pursuant to a judgment of foreclosure, claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Mortgaged Property or the portion thereof so sold. b(2) Mortgagor hereby waives the right, if any, to require any sale to be made in parcels, or the right, if any, to select parcels to be sold, and there shall be no requirement for marshalling marshaling of assets. (3) Unless specifically required herein or in the Loan Agreement or pursuant to applicable law, Mortgagor hereby waives all notices of default or of Mortgagee's election to exercise or Mortgagee's actual exercise of any rights or remedies hereunder or under any of the Loan Agreement.

Waivers by Mortgagor. To the fullest extent permitted under applicable law, Mortgagor shall not assert, and hereby irrevocably waives, any right or defense Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (a) Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgagehomestead exemption, the Credit Agreement or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statuteextension, lawmoratorium, stay, moratoriumredemption, appraisal reinstatement, marshaling of the Mortgaged Property or valuation lawthe other assets of Mortgagor, regulation sale of the Mortgaged Property in any order or judicial decision whichnotice of deficiency or intention to accelerate any Secured Obligation, nor shall Mortgagor (b) impairment of any right of subrogation or reimbursement, (c) any requirement that at any time insist upon or pleadany action must be taken against any other party, or in any manner whatsoever, claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal portion of the Property prior to any sale or sales thereof which may be made pursuant to any provisions herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Mortgaged Property or any other property, real or personal, asset of Mortgagor or any part of the proceeds arising from any sale thereof from attachment, levy or sale under executionother party, (iiid) provides for any stay provision barring or limiting the right of execution, moratorium, marshalling Mortgagee to sell any Mortgaged Property after any other sale of assets, exemption from civil process, redemption any other Mortgaged Property or extension of time for paymentany other action against Mortgagor or any other party, (ive) requires any provision barring or limiting the recovery by Mortgagee to institute proceedings prior to of a deficiency after any sale of the Property or prior to exercising Mortgaged Property, (f) any other provision of applicable law which shall defeat, limit or adversely affect any right or remedy afforded Mortgageeof Mortgagee or any secured party under or with respect to this Instrument or any other Relevant Documents as it relates to any Mortgaged Property, hereunder (g) the right of Mortgagee to foreclose this Instrument in its own name on behalf of all of the event secured parties by judicial action as the real party in interest without the necessity of an Event of Defaultjoining any secured party, or (vh) conflicts the Guarantees, including, without limitation, notice of existence, creation or incurring of any new or additional indebtedness or obligation or of any action or non-action on the part of Mortgagor or the Issuer, Mortgagee or any Secured Creditor or on the part of any person whomsoever under the Intercreditor Agreement, this Instrument or any of the other Relevant Documents in connection with any obligation or may affect, in a manner which may be adverse to evidence of indebtedness held by Mortgagee, as Security Trustee for the Secured Creditors or held by any provision, covenant, condition or term of this Mortgage, the Credit Agreement or any other Loan Document, nor shall Mortgagor at any time after any sale or sales of the Secured Creditors. Appraisement of the Real Property pursuant to any provision herein claim or exercise any right under any present or future statuteis hereby expressly waived, lawat the option of Mortgagee, stay, moratorium, regulation or judicial decision to redeem the Property or the portion thereof so sold. b) Mortgagor hereby waives the right, if any, to require any sale to be made in parcels, or the right, if any, to select parcels to be sold, and there which such option shall be no requirement for marshalling of assetsexecuted prior to the time any judgment is tendered at foreclosure.

Waivers by Mortgagor. a) 21.1 To the extent allowed by applicable law, Mortgagor hereby waives all errors and imperfections in any proceedings instituted by Mortgagee under this Mortgage, the Credit Loan Agreement or any other Loan Document and all benefit of any present or future statute of limitations or any other present or future statute, law, stay, moratorium, appraisal or valuation law, regulation or judicial decision which, nor shall Mortgagor at any time insist upon or plead, or in any manner whatsoever, claim or take any benefit or advantage of any such statute, law, stay, moratorium, regulation or judicial decision which (i) provides for the valuation or appraisal of the Secured Property prior to any sale or sales thereof which may be maybe made pursuant to any provisions provision herein or pursuant to any decree, judgment or order of any court of competent jurisdiction, (ii) exempts any of the Secured Property or any other property, real or personal, or any part of the proceeds arising from any sale thereof thereof, from attachment, levy or sale under execution, (iii) provides for any stay of execution, moratorium, marshalling of assets, exemption from civil process, redemption or extension of time for payment, (iv) requires Mortgagee to institute proceedings prior to any sale of in mortgage foreclosure against the Secured Property or prior to before exercising any other remedy afforded Mortgagee, Mortgagee hereunder in the event of an Event of Default, (v) affects any of the terms, covenants, conditions or provisions of this Mortgage, or (vvi) conflicts with or may affect, in a manner which may be adverse to Mortgagee, any provision, covenant, condition or term of this Mortgage, the Credit Loan Agreement or any other Loan Document, nor shall Mortgagor at any time after alter any sale or sales of the Secured Property pursuant to any provision herein herein, including, but without limiting the generality of the foregoing, after any sale pursuant to a judgment of foreclosure, claim or exercise any right under any present or future statute, law, stay, moratorium, regulation or judicial decision to redeem the Secured Property or the portion thereof so sold. b) 21.2 To the extent allowed by applicable law, Mortgagor hereby waives the right, if any, to require any sale to be made in parcels, or the right, if any, to select parcels to be sold, and there shall be no requirement for marshalling of assets.