BE
SERVED IN ANY ACTION.
(D)
GUARANTOR AGREES TO EXECUTE, DELIVER AND FILE ALL SUCH FURTHER
INSTRUMENTS OR DOCUMENTS AS MAY BE NECESSARY UNDER THE LAWS OF THE STATE OF NEW
YORK OR THE LAWS OF THE UNITED STATES IN ORDER TO MAKE EFFECTIVE (I) THE
APPOINTMENT OF SERVICE AGENT AS LENDER FOR SERVICE OF PROCESS AS PROVIDED ABOVE
AND (II) GUARANTOR'S CONSENT TO JURISDICTION AS PROVIDED FOR IN THIS GUARANTY.
(E)
GUARANTOR HEREBY CONSENTS TO PROCESS BEING SERVED IN ANY ACTION BY
THE MAILING OF A COPY THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID,
RETURN RECEIPT REQUESTED, TO THE NOTICE ADDRESS FOR GUARANTOR AS SET FORTH IN
THIS GUARANTY OR TO SERVICE AGENT AT THE ADDRESS PROVIDED FOR HEREIN. IF SERVICE
AGENT SHALL DESIRE TO RESIGN AS LENDER FOR SERVICE OF PROCESS, GUARANTOR SHALL
SUBSTITUTE A PARTY HAVING AN OFFICE WITHIN THE BOROUGH OF MANHATTAN AND
REASONABLY ACCEPTABLE TO LENDER TO ACT AS SERVICE AGENT (IT BEING AGREED THAT
ANY SUCH RESIGNATION SHALL NOT BE EFFECTIVE UNLESS AND UNTIL THE REPLACEMENT
LENDER AGREES IN WRITING TO ACT AS SERVICE AGENT FOR SERVICE OF PROCESS).
GUARANTOR HEREBY AGREES THAT PROVIDED THAT SERVICE IS MADE IN ACCORDANCE WITH
THIS PARAGRAPH OR AS OTHERWISE PERMITTED BY LAW, GUARANTOR IRREVOCABLY WAIVES,
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIM OF ERROR IN CONNECTION WITH
ANY SUCH SERVICE AND AGREES THAT SUCH SERVICE (I) SHALL BE DEEMED IN EVERY
RESPECT EFFECTIVE SERVICE OF PROCESS UPON IT IN ANY ACTION, AND (II) SHALL, TO
THE FULLEST EXTENT PERMITTED BY LAW, BE TAKEN AND HELD TO BE VALID PERSONAL
SERVICE UPON AND PERSONAL DELIVERY TO GUARANTOR.
(F)
NOTHING IN THIS AGREEMENT SHALL LIMIT LENDER'S RIGHT TO SERVE
PROCESS IN ANY MANNER PERMITTED BY LAW OR LIMIT LENDER'S RIGHT OR THE RIGHT OF
ANY OF ITS SUCCESSORS OR ASSIGNS TO BRING PROCEEDINGS AGAINST GUARANTOR IN THE
COURTS OF ANY JURISDICTION(S).
(G)
TO THE EXTENT THAT GUARANTOR HAS OR HEREAFTER MAY ACQUIRE ANY
IMMUNITY FROM JURISDICTION OF ANY COURT OR FROM ANY LEGAL PROCESS (WHETHER
THROUGH SERVICE OR NOTICE, ATTACHMENT BEFORE JUDGMENT, ATTACHMENT IN AID OF
EXECUTION, EXECUTION OR OTHERWISE) WITH RESPECT TO GUARANTOR OR GUARANTOR'S
PROPERTY, GUARANTOR HEREBY IRREVOCABLY WAIVES SUCH IMMUNITY IN RESPECT OF ITS
OBLIGATIONS UNDER THIS AGREEMENT.
(H)
AS A FURTHER INDUCEMENT TO LENDER'S MAKING OF THE LOAN TO
BORROWER, AND IN CONSIDERATION THEREOF, LENDER AND GUARANTOR EACH COVENANT AND
AGREE THAT IN ANY ACTION OR PROCEEDING BROUGHT ON, UNDER OR BY VIRTUE OF THIS
AGREEMENT, LENDER AND GUARANTOR EACH SHALL AND DO HEREBY UNCONDITIONALLY AND
IRREVOCABLY WAIVE TRIAL BY JURY.
(I)
GUARANTOR HEREBY FURTHER COVENANTS AND AGREES TO AND WITH LENDER
THAT GUARANTOR MAY BE JOINED IN ANY ACTION AGAINST BORROWER IN CONNECTION WITH
THE LOAN AGREEMENT, THE NOTE, THE MORTGAGE, OR ANY OF THE OTHER LOAN DOCUMENTS,
SOLELY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT.
(J)
GUARANTOR COVENANTS AND AGREES TO INDEMNIFY AND SAVE LENDER
HARMLESS OF AND FROM, AND DEFEND IT AGAINST, ALL LOSSES, COSTS, LIABILITIES,
EXPENSES,