STATE OF CONNECTICUT OR A COURT OF THE UNITED
STATES LOCATED IN THE STATE OF CONNECTICUT, AND (B) WAIVES EACH OBJECTION TO THE
LAYING OF VENUE OF ANY SUCH ACTION OR OTHER LEGAL PROCEEDING.
15.
WAIVER OF JURY TRIAL.
BORROWER KNOWINGLY,
VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES EACH RIGHT BORROWER MAY HAVE
TO A TRIAL BY JURY WITH RESPECT TO, AND IN, ANY ACTION OR OTHER LEGAL PROCEEDING
OF ANY NATURE, RELATING TO (A) THIS NOTE, ANY RELATED LOAN DOCUMENT OR ANY
COLLATERAL RELATED HERETO, (B) ANY TRANSACTION CONTEMPLATED BY ANY SUCH
DOCUMENTS OR (C) ANY NEGOTIATION, PERFORMANCE OR ENFORCEMENT OF THIS NOTE, OR
ANY COLLATERAL RELATED HERETO.
BORROWER ACKNOWLEDGES THAT IT HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL AS NECESSARY AND APPROPRIATE.
16.
PREJUDGMENT REMEDY WAIVER.
BORROWER HEREBY
REPRESENTS, COVENANTS AND AGREES THAT THE PROCEEDS OF THE LOAN SHALL BE USED FOR
GENERAL COMMERCIAL PURPOSES AND THAT THE LOAN IS A "COMMERCIAL TRANSACTION" AS
DEFINED BY THE STATUTES OF THE STATE OF CONNECTICUT.
BORROWER HEREBY WAIVES ALL
RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT
GENERAL STATUTES, SECTIONS 52-278a ET SEQ., AS AMENDED, OR UNDER
6
ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES
LENDER MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER.
MORE
SPECIFICALLY, BORROWER ACKNOWLEDGES THAT LENDER'S ATTORNEY MAY, PURSUANT TO
CONNECTICUT GENERAL STATUTES, SECTION 52-278f, ISSUE A WRIT FOR A PREJUDGMENT
REMEDY WITHOUT SECURING A COURT ORDER.
BORROWER ACKNOWLEDGES AND RESERVES ITS
RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR
PREJUDGMENT REMEDY BY LENDER'S ATTORNEY, AND LENDER ACKNOWLEDGES BORROWER'S
RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT.
BORROWER FURTHER
HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER
SECURITY IN CONNECTION WITH ANY PREJUDGMENT REMEDY OBTAINED BY LENDER AND WAIVES
ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY
OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY OTHER OBLIGATED
PARTY TO ANY ACTION BROUGHT BY LENDER.
BORROWER ACKNOWLEDGES AND AGREES THAT
ALL OF THE WAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY,
VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVICE OF ITS
COUNSEL.
[The Remainder of this Page has been Intentionally Left Blank]
7
RIVERBEND CROSSINGS III HOLDINGS LLC
By:
Riverbend Lehigh Valley Holdings I LLC
Its Sole Member
By:
Griffin Land & Nurseries, Inc.
Its Sole Member
By:
/s/ Michael Gamzon
Name: Michael Gamzon
Title: President
Signature Page to Restated Note
8
SCHEDULE A
Amortization Schedule
Payment Date
Balance Prior to Payment
Principal Payment Amount
May 1, 2013
4,025,384.26
9,160.22
June 1, 2013
4,016,224.04
9,160.22
July 1, 2013
4,007,063.82
9,160.22
August 1, 2013
3,997,903.60
9,160.22
September 1, 2013
3,988,743.38
9,160.22
October 1, 2013
3,979,583.16
9,160.22
November 1, 2013
3,970,422.94
9,160.22
December 1, 2013
3,961,262.72
9,160.22
January 1, 2014
3,952,102.50
9,160.22
February 1, 2014
3,942,942.28
9,546.97
March 1, 2014
3,933,395.31
9,546.97
April 1, 2014
3,923,848.34
9,546.97
May 1, 2014
3,914,301.37
9,546.97
June 1, 2014