BENEFIT OF LENDER AND NO OTHER PERSON
SHALL HAVE STANDING TO REQUIRE SATISFACTION OF SUCH CONDITIONS IN ACCORDANCE
WITH THEIR TERMS OR BE ENTITLED TO ASSUME THAT LENDER WILL REFUSE TO MAKE THE
LOAN IN THE ABSENCE OF STRICT COMPLIANCE WITH ANY OR ALL THEREOF AND NO OTHER
PERSON SHALL UNDER ANY CIRCUMSTANCES BE DEEMED TO BE A BENEFICIARY OF SUCH
CONDITIONS, ANY OR ALL OF WHICH MAY BE FREELY WAIVED IN WHOLE OR IN PART BY
LENDER IF, IN LENDER'S SOLE DISCRETION, LENDER DEEMS IT ADVISABLE OR DESIRABLE
TO DO SO.
SECTION 10.17.
PUBLICITY. ALL NEWS RELEASES, PUBLICITY OR
ADVERTISING BY BORROWER OR THEIR AFFILIATES THROUGH ANY MEDIA INTENDED TO REACH
THE GENERAL PUBLIC WHICH REFERS TO THE LOAN DOCUMENTS OR THE FINANCING EVIDENCED
BY THE LOAN DOCUMENTS, TO LENDER, NOMURA CREDIT & CAPITAL, INC., OR ANY OF THEIR
AFFILIATES SHALL BE SUBJECT TO THE PRIOR WRITTEN APPROVAL OF LENDER. ALL NEWS
RELEASES, PUBLICITY OR ADVERTISING BY LENDER THROUGH ANY MEDIA INTENDED TO REACH
THE GENERAL PUBLIC WHICH REFERS SOLELY TO THE BORROWER OR TO THE LOAN MADE BY
THE LENDER TO THE BORROWER SHALL BE SUBJECT TO THE PRIOR WRITTEN APPROVAL OF
BORROWER, PROVIDED HOWEVER, THE FOREGOING SHALL NOT APPLY TO PROVIDED
INFORMATION INCLUDED IN DISCLOSURE DOCUMENTS IN CONNECTION WITH A
SECURITIZATION.
SECTION 10.18.
WAIVER OF MARSHALLING OF ASSETS. TO THE
FULLEST EXTENT PERMITTED BY LAW, BORROWER, FOR ITSELF AND ITS SUCCESSORS AND
ASSIGNS, WAIVES ALL RIGHTS TO A MARSHALLING OF THE ASSETS OF BORROWER,
BORROWER'S PARTNERS AND OTHERS WITH INTERESTS IN BORROWER, AND OF THE PROPERTY,
OR TO A SALE IN INVERSE ORDER OF ALIENATION IN THE EVENT OF FORECLOSURE OF THE
MORTGAGE OR SALE OF THE PROPERTY BY POWER OF SALE, AND AGREES NOT TO ASSERT ANY
RIGHT UNDER ANY LAWS PERTAINING TO THE MARSHALLING OF ASSETS, THE SALE IN
INVERSE ORDER OF ALIENATION, HOMESTEAD EXEMPTION, THE ADMINISTRATION OF ESTATES
OF DECEDENTS, OR ANY OTHER MATTERS WHATSOEVER TO DEFEAT, REDUCE OR AFFECT THE
RIGHT OF LENDER UNDER THE LOAN DOCUMENTS TO A SALE OF THE PROPERTY FOR THE
COLLECTION OF THE DEBT WITHOUT ANY PRIOR OR DIFFERENT RESORT FOR COLLECTION OR
OF THE RIGHT OF LENDER TO THE PAYMENT OF THE DEBT OUT OF THE NET PROCEEDS OF THE
PROPERTY IN PREFERENCE TO EVERY OTHER CLAIMANT WHATSOEVER.
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SECTION 10.19.
WAIVER OF COUNTERCLAIM. BORROWER HEREBY
WAIVES THE RIGHT TO ASSERT A COUNTERCLAIM, OTHER THAN A COMPULSORY COUNTERCLAIM,
IN ANY ACTION OR PROCEEDING BROUGHT AGAINST IT BY LENDER OR ITS AGENTS.
SECTION 10.20.
CONFLICT; CONSTRUCTION OF DOCUMENTS;
RELIANCE. IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS LOAN
AGREEMENT AND ANY OF THE OTHER LOAN DOCUMENTS, THE PROVISIONS OF THIS LOAN
AGREEMENT SHALL CONTROL. THE PARTIES HERETO ACKNOWLEDGE THAT THEY WERE
REPRESENTED BY COMPETENT COUNSEL IN CONNECTION WITH THE NEGOTIATION, DRAFTING
AND EXECUTION OF THE LOAN DOCUMENTS AND THAT SUCH LOAN DOCUMENTS SHALL NOT BE
SUBJECT TO THE PRINCIPLE OF CONSTRUING THEIR MEANING AGAINST THE PARTY WHICH
DRAFTED SAME. BORROWER ACKNOWLEDGES THAT, WITH RESPECT