Common use of Xxxxxxx, 265 Cal Clause in Contracts

Xxxxxxx, 265 Cal. App.2d 40 (1968). By executing this Guaranty Agreement, each Guarantor freely, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that each Guarantor will be fully liable under this Guaranty Agreement even though the Administrative Agent may foreclose judicially or nonjudicially against any real property security for the Borrower’s Liabilities; (ii) agrees that each Guarantor will not assert that defense in any action or proceeding which any Secured Party may commence to enforce this Guaranty Agreement; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor under this Guaranty Agreement include any right or defense that each Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Secured Parties are relying on this waiver in extending credit to the Borrower, and that this waiver is a material part of the consideration which the Secured Parties are receiving for such credit extensions. Without limiting the foregoing, each Guarantor hereby waives all rights and defenses arising out of an election of remedies by any of the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to the security held by the Administrative Agent for the Borrower’s Liabilities, has destroyed each Guarantor’s rights of subrogation and reimbursement against the Borrower by the operation of Section 580d of the California Code of Civil Procedure. Without limiting the generality of the foregoing, to the fullest extent permitted by law, each Guarantor waives any and all other defenses or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Guaranty Agreement, including any rights and defenses available to any Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code and any and all benefits that otherwise might be available to any Guarantor under California Civil Code Sections 1432, 2809, 2810, 2815, 2819, 2839, 2845, 2849, 2850, 2899 and 3433. Each Guarantor waives all rights and defenses that each Guarantor may have in the event that the Borrower’s Liabilities shall be secured by real property. This means, among other things:

Xxxxxxx, 265 Cal. App.2d App. 2d 40 (1968). By executing this Guaranty AgreementGuaranty, each Guarantor freely, irrevocably irrevocably, absolutely and unconditionally: (i) waives and relinquishes that defense and agrees that each Guarantor will be fully liable under this Guaranty Agreement even though the Administrative Agent Agency may foreclose exercise any right or remedy under the CP/HPS DDA and the CP/HPS ENA, including any act judicially or nonjudicially against any real property security for the Borrower’s Liabilitiessecurity; (ii) agrees that each Guarantor will not assert that defense in any action or proceeding which any Secured Party the Agency may commence to enforce this Guaranty AgreementGuaranty; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor under this Guaranty Agreement include any right or defense that each Guarantor may have or be entitled to assert based upon on or arising out of law or equity, including, without limitation, any one or more of Sections sections 580a, 580b, 580d or 726 of the California Code of Civil Procedure Procedure; (iii) waives notice of default, acceleration, protest or Section 2848 dishonor; (iv) waives any notice of sale or other disposition of any security; (v) waives notice of acceptance of this Guaranty and of the California Civil Codeexistence, creation or incurring of new or additional guaranteed obligations, and all other notices of any kind with respect to any Guaranteed Obligations except for any notice required to be given to Guarantor under this Guaranty; and (ivvi) acknowledges and agrees that the Secured Parties are relying Agency relied on these waivers in entering into the CP/HPS DDA and taking the actions under which the obligation to provide this waiver in extending credit to the Borrower, Guaranty arose and that this waiver is a material part of the consideration which the Secured Parties are receiving for such credit extensions. Without limiting the foregoing, each Guarantor hereby waives all rights and defenses arising out of an election of remedies by any of the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to the security held by the Administrative Agent for the Borrower’s Liabilities, has destroyed each Guarantor’s rights of subrogation and reimbursement against the Borrower by the operation of Section 580d of the California Code of Civil Procedure. Without limiting the generality of the foregoing, to the fullest extent permitted by law, each Guarantor waives any and all other defenses or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Guaranty Agreement, including any rights and defenses available to any Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code and any and all benefits that otherwise might be available to any Guarantor under California Civil Code Sections 1432, 2809, 2810, 2815, 2819, 2839, 2845, 2849, 2850, 2899 and 3433. Each Guarantor waives all rights and defenses that each Guarantor may have in the event that the Borrower’s Liabilities shall be secured by real property. This means, among other things:Agency is receiving in connection with such acts.

Xxxxxxx, 265 Cal. App.2d App. 2d 40 (1968). By executing this Guaranty AgreementGuaranty, each Guarantor freely, irrevocably irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that each such Guarantor will be fully liable under this Guaranty Agreement even though the Administrative Agent Guaranteed Parties may foreclose judicially foreclose, either by judicial foreclosure or nonjudicially against by exercise of power of sale, any real property security for deed of trust securing the Borrower’s LiabilitiesGuaranteed Obligations; (ii) agrees that each such Guarantor will not assert that defense in any action or proceeding which any Secured Party the Guaranteed Parties may commence to enforce this Guaranty AgreementGuaranty; (iii) acknowledges and agrees that (A) the rights and defenses waived by each such Guarantor under in this Guaranty Agreement include any right or defense that each such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections §§ 580a, 580b, 580d 580d, or 726 of the California Code of Civil Procedure or Section § 2848 of the California Civil Code; , and (ivB) acknowledges and agrees that the Secured Parties are relying on this waiver in extending credit to the Borrower, and that this waiver is a material part of the consideration which the Secured Parties are receiving for such credit extensions. Without limiting the foregoing, each Guarantor hereby waives all rights and defenses arising out of an election of remedies by any of the Secured Guaranteed Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to the security held by the Administrative Agent for the Borrower’s Liabilitiesa guaranteed obligation, has destroyed each such Guarantor’s rights of subrogation and reimbursement against the Borrower principal by the operation of Section § 580d of the California Code of Civil Procedure. Without limiting Procedure or otherwise; and (iv) acknowledges and agrees that the generality Guaranteed Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the foregoing, to consideration which the fullest extent permitted by law, each Guarantor waives any and all other defenses or benefits that may be derived from or afforded by applicable law limiting Guaranteed Parties are receiving for creating the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Guaranty Agreement, including any rights and defenses available to any Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code and any and all benefits that otherwise might be available to any Guarantor under California Civil Code Sections 1432, 2809, 2810, 2815, 2819, 2839, 2845, 2849, 2850, 2899 and 3433. Each Guarantor waives all rights and defenses that each Guarantor may have in the event that the Borrower’s Liabilities shall be secured by real property. This means, among other things:Guaranteed Obligations.

Xxxxxxx, 265 Cal. App.2d App. 2d 40 (1968). By executing this Guaranty AgreementGuaranty, each Guarantor freely, irrevocably irrevocably, absolutely and unconditionally: (i) waives and relinquishes that defense and agrees that each Guarantor will be fully liable under this Guaranty Agreement even though the Administrative Agent Agency may foreclose exercise any right or remedy under the CP/HPS DDA, including any act judicially or nonjudicially against any real property security for the Borrower’s Liabilitiessecurity; (ii) agrees that each Guarantor will not assert that defense in any action or proceeding which any Secured Party the Agency may commence to enforce this Guaranty AgreementGuaranty; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor under this Guaranty Agreement include any right or defense that each Guarantor may have or be entitled to assert based upon on or arising out of law or equity, including, without limitation, any one or more of Sections sections 580a, 580b, 580d or 726 of the California Code of Civil Procedure Procedure; (iii) waives notice of default, acceleration, protest or Section 2848 dishonor; (iv) waives any notice of sale or other disposition of any security; (v) waives notice of acceptance of this Guaranty and of the California Civil Codeexistence, creation or incurring of new or additional guaranteed obligations, and all other notices of any kind with respect to any Guaranteed Obligations except for any notice required to be given to Guarantor under this Guaranty; and (ivvi) acknowledges and agrees that the Secured Parties are Agency is relying on these waivers in entering into the CP/HPS DDA and taking the actions under which the obligation to provide this waiver in extending credit to the Borrower, Guaranty arose and that this waiver is a material part of the consideration which the Secured Parties are receiving for such credit extensions. Without limiting the foregoing, each Guarantor hereby waives all rights and defenses arising out of an election of remedies by any of the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to the security held by the Administrative Agent for the Borrower’s Liabilities, has destroyed each Guarantor’s rights of subrogation and reimbursement against the Borrower by the operation of Section 580d of the California Code of Civil Procedure. Without limiting the generality of the foregoing, to the fullest extent permitted by law, each Guarantor waives any and all other defenses or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Guaranty Agreement, including any rights and defenses available to any Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code and any and all benefits that otherwise might be available to any Guarantor under California Civil Code Sections 1432, 2809, 2810, 2815, 2819, 2839, 2845, 2849, 2850, 2899 and 3433. Each Guarantor waives all rights and defenses that each Guarantor may have in the event that the Borrower’s Liabilities shall be secured by real property. This means, among other things:Agency is receiving in connection with such acts.

Xxxxxxx, 265 Cal. App.2d App. 2nd 40 (1968), a lender may be estopped from pursuing a guarantor for a deficiency judgment after a non-judicial foreclosure (on the theory that a guarantor should be exonerated if a lender elects a remedy that eliminates the guarantor’s subrogation rights) absent an explicit waiver. By executing Without limitation on the generality of the other waivers contained in this Guaranty Agreement, each Guarantor freely, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that each Guarantor will be fully liable under this Guaranty Agreement even though the Administrative Agent may foreclose judicially or nonjudicially against any real property security for the Borrower’s Liabilities; (ii) agrees that each Guarantor will not assert that defense in any action or proceeding which any Secured Party may commence to enforce this Guaranty Agreement; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor under this Guaranty Agreement include any right or defense that each Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Secured Parties are relying on this waiver in extending credit to the Borrower, and that this waiver is a material part of extent California law applies to the consideration which the Secured Parties are receiving for such credit extensions. Without limiting the foregoingLoan Documents, each Guarantor hereby waives (1) the defense that might otherwise be available under Xxxxxxx, supra, or any similar judicial decision or statute, in the event the Lender pursues a non-judicial foreclosure, (2) all rights and defenses arising out of an election of remedies by any of the Secured PartiesXxxxxx, even though that election of remedies, such as a nonjudicial foreclosure with respect to the security held by the Administrative Agent for the Borrower’s Liabilitiesa guaranteed obligation, has destroyed each or otherwise impaired such Guarantor’s rights of subrogation and reimbursement against the Borrower principal (whether by the operation of Section 580d any provision of the California Code of Civil Procedure. Without limiting the generality of the foregoingProcedure or otherwise), to the fullest extent permitted by law, each Guarantor waives any and (3) all other defenses or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Guaranty Agreement, including any rights and defenses available to any Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code and any and all benefits that otherwise might be available to any Guarantor it may have under California Civil Code Sections 1432, 2809, 2810, 2815, 2819, 2820, 2822, 2823, 2839, 2845, 2849, 2845 through 2850, 2899 and 3433, including, without limitation, the right to require Lender to (i) proceed against Borrower, any other Guarantor, any pledgor of collateral for any person’s obligations to Lender or any other person related to the Credit Agreement, (ii) proceed against or exhaust any other security or collateral Lender may hold, or (iii) pursue any other right or remedy for Guarantor’s benefit, and agrees that Lender may foreclose against any property or any other security Lender may hold without taking any action against Borrower, any other Guarantor, any pledgor of collateral for any person’s obligations to Lender or any other person related to the Credit Agreement, and without proceeding against or exhausting any security or collateral Lender may hold. Each In addition, to the extent California law applies, each Guarantor waives all rights and defenses that each such Guarantor may have in the event that because the Borrower’s Liabilities shall be debt is secured by real property. This means, among other things:

Xxxxxxx, 265 Cal. App.2d App. 2d 40 (1968). By executing this Guaranty AgreementGuaranty, each Guarantor freely, irrevocably irrevocably, absolutely and unconditionally: (i) waives and relinquishes that defense and agrees that each Guarantor will be fully liable under this Guaranty Agreement even though the Administrative Agent Authority may foreclose exercise any right or remedy under the DDA, including any act judicially or nonjudicially against any real property security for the Borrower’s Liabilitiessecurity; (ii) agrees that each Guarantor will not assert that defense in any action or proceeding which any Secured Party the Authority may commence to enforce this Guaranty AgreementGuaranty; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor under this Guaranty Agreement include any right or defense that each Guarantor may have or be entitled to assert based upon on or arising out of law or equity, including, without limitation, any one or more of Sections sections 580a, 580b, 580d or 726 of the California Code of Civil Procedure Procedure; (iii) waives notice of default, acceleration, protest or Section 2848 dishonor; (iv) waives any notice of sale or other disposition of any security; (v) waives notice of acceptance of this Guaranty and of the California Civil Codeexistence, creation or incurring of new or additional guaranteed obligations, and all other notices of any kind with respect to any Guaranteed Obligations except for any notice required to be given to Guarantor under this Guaranty; and (ivvi) acknowledges and agrees that the Secured Parties are Authority is relying on these waivers in entering into the DDA and taking the actions under which the obligation to provide this waiver in extending credit to the Borrower, Guaranty arose and that this waiver is these waivers are a material part of the consideration which the Secured Parties are receiving for such credit extensions. Without limiting the foregoing, each Guarantor hereby waives all rights and defenses arising out of an election of remedies by any of the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to the security held by the Administrative Agent for the Borrower’s Liabilities, has destroyed each Guarantor’s rights of subrogation and reimbursement against the Borrower by the operation of Section 580d of the California Code of Civil Procedure. Without limiting the generality of the foregoing, to the fullest extent permitted by law, each Guarantor waives any and all other defenses or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Guaranty Agreement, including any rights and defenses available to any Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code and any and all benefits that otherwise might be available to any Guarantor under California Civil Code Sections 1432, 2809, 2810, 2815, 2819, 2839, 2845, 2849, 2850, 2899 and 3433. Each Guarantor waives all rights and defenses that each Guarantor may have in the event that the Borrower’s Liabilities shall be secured by real property. This means, among other things:Authority is receiving in connection with such acts.

Xxxxxxx, 265 Cal. App.2d App. 2d 40 (1968). By executing this Guaranty AgreementGuaranty, each Guarantor freely, irrevocably irrevocably, absolutely and unconditionally: (i) waives and relinquishes that defense and agrees that each Guarantor will be fully liable under this Guaranty Agreement even though the Administrative Agent Authority may foreclose exercise any right or remedy under the ENA and the DDA, including any act judicially or nonjudicially against any real property security for the Borrower’s Liabilitiessecurity; (ii) agrees that each Guarantor will not assert that defense in any action or proceeding which any Secured Party the Authority may commence to enforce this Guaranty AgreementGuaranty; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor under this Guaranty Agreement include any right or defense that each Guarantor may have or be entitled to assert based upon on or arising out of law or equity, including, without limitation, any one or more of Sections sections 580a, 580b, 580d or 726 of the California Code of Civil Procedure Procedure; (iii) waives notice of default, acceleration, protest or Section 2848 dishonor; (iv) waives any notice of sale or other disposition of any security; (v) waives notice of acceptance of this Guaranty and of the California Civil Codeexistence, creation or incurring of new or additional guaranteed obligations, and all other notices of any kind with respect to any Guaranteed Obligations except for any notice required to be given to Guarantor under this Guaranty; and (ivvi) acknowledges and agrees that the Secured Parties are Authority is relying on these waivers in entering into the DDA and taking the actions under which the obligation to provide this waiver in extending credit to the Borrower, Guaranty arose and that this waiver is these waivers are a material part of the consideration which the Secured Parties are receiving for such credit extensions. Without limiting the foregoing, each Guarantor hereby waives all rights and defenses arising out of an election of remedies by any of the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to the security held by the Administrative Agent for the Borrower’s Liabilities, has destroyed each Guarantor’s rights of subrogation and reimbursement against the Borrower by the operation of Section 580d of the California Code of Civil Procedure. Without limiting the generality of the foregoing, to the fullest extent permitted by law, each Guarantor waives any and all other defenses or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Guaranty Agreement, including any rights and defenses available to any Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code and any and all benefits that otherwise might be available to any Guarantor under California Civil Code Sections 1432, 2809, 2810, 2815, 2819, 2839, 2845, 2849, 2850, 2899 and 3433. Each Guarantor waives all rights and defenses that each Guarantor may have in the event that the Borrower’s Liabilities shall be secured by real property. This means, among other things:Authority is receiving in connection with such acts.

Xxxxxxx, 265 Cal. App.2d 40 (1968). By executing this Guaranty AgreementGuaranty, each Guarantor freely, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that each Guarantor will be fully liable under this Guaranty Agreement even though the Administrative Agent or a Bank may foreclose judicially or nonjudicially against any the real property security for the Borrower’s Liabilitiesindebtedness; (ii) agrees that each Guarantor will not assert that defense in any action or proceeding which any Secured Party Agent or a Bank may commence to enforce this Guaranty AgreementGuaranty; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor under in this Guaranty Agreement include any right or defense that each Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Secured Parties Agent and each Bank are relying on this waiver in extending credit to entering into the BorrowerAgreement, and that this waiver is a material part of the consideration which the Secured Parties Agent and each Bank are receiving for such credit extensionsentering into the Agreement. Without limiting Guarantor further acknowledges and agrees that the foregoing, each waivers set forth in this Guaranty are operative regardless of whether Guarantor hereby may have made any payments to Agent or any Bank. Guarantor further waives all rights and defenses arising out of an election of remedies by any of the Secured PartiesAgent or a Bank, even though that election of remedies, such as a nonjudicial foreclosure with respect to the security held by the Administrative Agent for the Borrower’s Liabilitiesa guaranteed obligation, has destroyed each Guarantor’s rights 's right of subrogation and reimbursement against the Borrower Company by the operation of Section 580d of the California Code of Civil Procedure or otherwise. Guarantor specifically waives any right to a fair value hearing, and any and all other rights it may have under Section 580a of the California Code of Civil Procedure. Without limiting the generality foregoing, should any of the foregoingindebtedness guaranteed hereby ever be secured by real property, to the fullest extent permitted by law, each Guarantor waives any and all other defenses or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Guaranty Agreement, including any rights and defenses available to any Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code and any and all benefits that otherwise might be available to any Guarantor under California Civil Code Sections 1432, 2809, 2810, 2815, 2819, 2839, 2845, 2849, 2850, 2899 and 3433. Each further agrees as follows: Guarantor waives all rights and defenses that each the Guarantor may have in because the event that the Borrower’s Liabilities shall be Company's debt is secured by real property. This means, among other things:

Xxxxxxx, 265 Cal. App.2d App. 2d 40 (1968). By executing this Guaranty Agreement, each Guarantor Obligor freely, irrevocably irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that each Guarantor the Obligors will be fully liable under this Guaranty Agreement even though the Administrative Agent may foreclose judicially foreclose, either by judicial foreclosure or nonjudicially against by exercise of power of sale, any real property security for deed of trust securing the Borrower’s LiabilitiesObligations; (ii) agrees that each Guarantor the Obligors will not assert that defense in any action or proceeding which any Secured Party Agent may commence to enforce this Guaranty AgreementAgreement or any other Loan Document; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor under the Obligors in this Guaranty Agreement include any right or defense that each Guarantor the Obligors may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that Agent and the Secured Parties Lenders are relying on this waiver in extending credit to creating the BorrowerObligations, and that this waiver is a material part of the consideration which Agent and the Secured Parties Lenders are receiving for such credit extensionscreating the Obligations. Without limiting Each of the foregoing, each Guarantor hereby Obligors waives all rights and defenses arising out that each Obligor may have because of an election of remedies by any of the Secured PartiesObligations is secured by Real Estate. This means, among other things: (i) Agent may collect from the Obligors without first foreclosing on any real or personal property collateral pledged by the Obligors; and (ii) if Agent forecloses on any Collateral consisting of Real Estate pledged by the Obligors: (A) the amount of the Obligations may be reduced only by the price for which that Collateral is sold at the foreclosure sale, even though that election if the Collateral is worth more than the sale price, and (B) Agent may collect from the Obligors even if Agent, by foreclosing on the Collateral consisting of remedies, such as a nonjudicial foreclosure with respect to the security held by the Administrative Agent for the Borrower’s LiabilitiesReal Estate, has destroyed each Guarantor’s any right the Obligors may have to collect from one another. This is an unconditional and irrevocable waiver of any rights and defenses the Obligors may have because any of subrogation the Obligations are secured by real property. These rights and reimbursement against the Borrower by the operation of defenses include, but are not limited to, any rights or defenses based upon Section 580d 580a, 580b, 580d, or 726 of the California Code of Civil Procedure. Without limiting the generality Each of the foregoingObligors waives any right or defense it may have at law or equity, including California Code of Civil Procedure Section 580a, to the fullest extent permitted by law, each Guarantor waives any and all other defenses a fair market value hearing or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Guaranty Agreement, including any rights and defenses available action to any Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code and any and all benefits that otherwise might be available to any Guarantor under California Civil Code Sections 1432, 2809, 2810, 2815, 2819, 2839, 2845, 2849, 2850, 2899 and 3433. Each Guarantor waives all rights and defenses that each Guarantor may have in the event that the Borrower’s Liabilities shall be secured by real property. This means, among other things:determine a deficiency judgment after a foreclosure.