TRIAL BY JURY FULLY TO THE EXTENT THAT ANY
SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THIS GUARANTY, THE NOTE,
THE LOAN AGREEMENT, THE SECURITY INSTRUMENT OR THE OTHER LOAN DOCUMENTS, OR ANY
CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH.
THIS
WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY EACH
GUARANTOR AND LENDER, AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE
AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE.
LENDER IS HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY PROCEEDING
AS CONCLUSIVE EVIDENCE OF THIS WAIVER BY EACH GUARANTOR AND LENDER.
6.13
COOPERATION.
EACH GUARANTOR ACKNOWLEDGES THAT LENDER AND
ITS SUCCESSORS AND ASSIGNS MAY (A) SELL THIS GUARANTY, THE NOTE AND THE OTHER
LOAN DOCUMENTS TO ONE OR MORE INVESTORS AS A WHOLE LOAN, (B) PARTICIPATE THE
LOAN SECURED BY THIS GUARANTY TO ONE OR MORE INVESTORS, (C) DEPOSIT THIS
GUARANTY, THE NOTE AND THE OTHER LOAN DOCUMENTS WITH A TRUST, WHICH TRUST MAY
SELL CERTIFICATES TO INVESTORS EVIDENCING AN OWNERSHIP INTEREST IN THE TRUST
ASSETS, OR (D) OTHERWISE SELL THE LOAN OR ONE OR MORE INTERESTS THEREIN TO
INVESTORS (THE TRANSACTIONS REFERRED TO IN CLAUSES (A) THROUGH (D) ARE
HEREINAFTER EACH REFERRED TO AS "SECONDARY MARKET TRANSACTIONS").
EACH
GUARANTOR SHALL, AT NO COST TO SUCH GUARANTOR OTHER THAN FOR SUCH GUARANTOR'S
LEGAL AND ACCOUNTING FEES, REASONABLY COOPERATE WITH LENDER IN EFFECTING ANY
SUCH SECONDARY MARKET TRANSACTION AND SHALL REASONABLY COOPERATE TO IMPLEMENT
ALL REQUIREMENTS IMPOSED BY ANY RATING AGENCY INVOLVED IN ANY SECONDARY MARKET
TRANSACTION.
EACH GUARANTOR SHALL, AT NO COST TO SUCH GUARANTOR OTHER THAN FOR
SUCH GUARANTOR'S LEGAL AND ACCOUNTING FEES, PROVIDE SUCH INFORMATION AND
DOCUMENTS RELATING TO SUCH GUARANTOR, ANY BORROWER, ANY PROPERTY AND ANY TENANTS
THEREOF OR THE IMPROVEMENTS, TO THE EXTENT IN SUCH GUARANTOR'S POSSESSION OR
ABLE TO BE OBTAINED BY SUCH GUARANTOR FROM ANY BORROWER OR OTHERWISE USING
REASONABLE EFFORTS, AS LENDER MAY REASONABLY REQUEST IN CONNECTION WITH SUCH
SECONDARY MARKET TRANSACTION.
IN ADDITION, EACH GUARANTOR SHALL MAKE AVAILABLE
TO LENDER ALL INFORMATION CONCERNING ITS BUSINESS AND OPERATIONS THAT LENDER MAY
REASONABLY REQUEST IN CONNECTION WITH SUCH SECONDARY MARKET TRANSACTION.
LENDER
SHALL BE PERMITTED TO SHARE ALL SUCH INFORMATION OR INFORMATION PREVIOUSLY
PROVIDED BY ANY GUARANTOR WITH THE INVESTMENT BANKING FIRMS, RATING AGENCIES,
ACCOUNTING FIRMS, LAW FIRMS AND OTHER THIRD-PARTY ADVISORY FIRMS INVOLVED WITH
THE LOAN AND THE LOAN DOCUMENTS OR THE APPLICABLE SECONDARY MARKET TRANSACTION
PROVIDED SUCH PARTIES ARE HELD TO CUSTOMARY CONFIDENTIALITY STANDARDS.
IT IS
UNDERSTOOD THAT THE INFORMATION PROVIDED BY ANY GUARANTOR TO LENDER MAY
ULTIMATELY BE INCORPORATED INTO THE OFFERING DOCUMENTS FOR THE SECONDARY MARKET
TRANSACTION AND THUS VARIOUS INVESTORS MAY ALSO SEE SOME OR ALL OF THE
INFORMATION.
LENDER AND ALL OF THE AFORESAID THIRD-PARTY ADVISORS AND
PROFESSIONAL FIRMS SHALL BE ENTITLED TO RELY ON THE INFORMATION SUPPLIED BY, OR
ON BEHALF OF, ANY GUARANTOR IN THE FORM AS PROVIDED BY SUCH GUARANTOR.
LENDER
MAY PUBLICIZE THE